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Home My WebLink AboutREZ 02-03_PLANNING 1 SEPARATOR SHEET APN 600- 0 6?z 03 PROJECT NUMBER 26Z 0,2 - 02-291 Public Hearing Department of Development Services (Neal Road Landfill) Rezone - consideration of a rezone of 69 ± acres from U (Unclassified) to P-Q (Public, Quasi- Public) in order to allow for the expansion of the Neal Road Landfill . The area to be rezoned is a portion of APN 040-600-082 , which is 188 . 84 ± acres in size, and owned by Butte County. A 120± acre portion of this property is developed with the Neal Road Landfill and is zoned P-Q. Upon approval of this rezone project, all of APN 040-600-082 would be zoned P-Q. An Environmental Impact Report (EIR) was certified by the Board of Supervisors on February 12 , 2002 , to allow the expansion of the Neal Road Landfill . The expansion would allow the landfill to increase capacity and continue to accept waste until approximately 2034 . The EIR identified potentially significant impacts to the environment and , required mitigation measures to prevent or reduce these impacts to a less than significant level . The Certified EIR is available for review at the Butte County Public Works Department . All of the mitigation measures contained within the EIR would ' be implemented and monitored by the Butte County Public Works Department . The project site is located on the west side of the Neal Road Landfill (1023 Neal Road) , south of Chico (SB [REZ 02-03] ) - action requested - THE ' PLANNING COMMISSION RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS : 1 . SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 10 , 2002 , APPROVE A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; 2 . FIND THAT THE PROPOSED REZONE WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A DE MINIMUS EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711 .4 (d) (3) AND 14 CCR 753 . 5, AS THE PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; AND 3 . SUBJECT TO FINDINGS IIIA-F) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 10 , 2002 , ADOPT AN ORDINANCE. REZONING FROM U (UNCLASSIFIED) TO P-Q T BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - September 10, 2002 _ A _ (PUBLIC - QUASI-PUBLIC) THE PROPERTY OWNED BY BUTTE COUNTY AND IDENTIFIED AS A 64 . 3 (+/-) ACRE PORTION OF APN 040-600-082 , AND AUTHORIZE THE CHAIR TO SIGN. (*.*670) PUBLIC HEARING CONVENED: 11 : 15 A.M. PUBLIC HEARING CLOSED: 11 : 22 A.M. 02-291 MOTION: SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 10, 2002 , I MOVE TO APPROVE A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE PROPOSED REZONE WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR. HABITAT AND APPROVE A DE MINIMUS EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711 .4 (d) (3) AND 14 CCR 753 . 5 , AS THE PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; AND SUBJECT TO FINDINGS IIIA-F) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 10 , 2002 , ADOPT ORDINANCE 3834 REZONING FROM U (UNCLASSIFIED) TO P-Q (PUBLIC - QUASI-PUBLIC) THE PROPERTY OWNED BY BUTTE COUNTY AND IDENTIFIED AS A 64 . 3 (+/- ) ACRE PORTION OF APN 040-600-082 , AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) i I r -BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES - September 10, 2002 _ 02-271 ;Neal_Road-Sanitary---LandfillQ- Construction of Module 4 , Phase A - County Project No. 757-02-2 - Award of Contract the project is needed to allow for continued long-term waste disposal at the Neal Road Sanitary Landfill . Bids will be opened on August 23 , 2002 , and the Public Works Department will present the bid results to the Board on August 27 , 2002 , for the award of the contract - action requested - AWARD BID TO LOW BIDDER AND AUTHORIZE THE r CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (**2313) MOTION: I MOVE TO REJECT THE BID AND DIRECT PUBLIC WORKS STAFF TO REBID CONSTRUCTION OF MODULE 4 , PHASE A, IN EARLY 2003 . M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 5 n .-..r�.�,T��r.a '. -_--.-,r�w�r�•w.-ter�-�r"--� .-. �.� r•r- .. �r _ _BUTTE COUNTY BOARD OF SUPERVISORS = MINUTES - August 27, 2K0— E 11 Neal..Road~Landf i`ll-Rezone - Report to the Board - pursuant to Butte County Code, the Development Services Department submits the Planning Commission Action Report for a proposed rezone from U (Unclassified) to P-Q (Public-Quasi-public) for property located at 1023 Neal Road. The property is located on the west side of the Neal Road Landfill, south of Chico, and identified as APN 040-600-082 (portion) . The Planning Commission has recommended approval (SB [REZ 02-03] ) - action requested - ACCEPT REPORT; AND SET A PUBLIC HEARING FOR CONSIDERATION OF THE MATTER FOR TUESDAY, SEPTEMBER 10 , 2002 , A T 1 1 1 5 A M F BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES - August 13, 2002 02-291 Public-Hearing - Department of Development Services`N al," Road-.Landfill) Rezone - consideration of a rezone of 69"' ± acres from U (Unclassified) to P-Q (Public, Quasi- Public) in order to allow for the expansion of the Neal Road Landfill . The area to be rezoned is a portion of APN 040-600-082 , which is 188 . 84 ± acres in size, and - owned by Butte County. A 120± acre portion of this property is developed with the Neal Road Landfill and is zoned P-Q. Upon approval of this rezone project, all of APN 040-600-082 would be zoned P-Q. An Environmental Impact Report (EIR) was certified by the Board of Supervisors on February 12 , 2002 , to allow the expansion of the Neal Road Landfill . The expansion would allow the landfill to increase capacity and continue to accept waste until approximately 2034 . The EIR identified potentially significant impacts to the environment and required mitigation measures to prevent or reduce these impacts to a less than significant level . The Certified EIR is available for review at the Butte County Public Works Department . All of the mitigation measures contained within the EIR would be implemented and monitored by the Butte County Public Works,- Department . The project site is located on the west side of the Neal ,-Road .Landfill (1023 Neal Road) , south of Chico (SB/Rhz-7 x _02-03] ) I action requested - THE PLANNING COMMISSION- RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS : 1 . SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 10, 2002 , APPROVE A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; 2 . FIND THAT THE PROPOSED REZONE WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A DE MINIMUS EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711 .4 (d) (3) AND 14 CCR 753 . 5, AS THE PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; AND 3 . SUBJECT TO FINDINGS III (A-F) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 10, 2002 , ADOPT AN BUTTE COUNTY BOARD OF.SUPERVISORS - MINUTES - September W,2002 r+ j ORDINANCE REZONING FROM U ' (UNCLASSIFIED) TO P-Q (PUBLIC - QUASI-PUBLIC) THE PROPERTY OWNED BY BUTTE COUNTY AND IDENTIFIED AS A 64 . 3 (+/-) ACRE PORTION OF APN 040-600-082 , AND AUTHORIZE THE CHAIR TO SIGN. (**670) PUBLIC HEARING CONVENED: 11 : 15 A.M. PUBLIC HEARING CLOSED: 11 : 22 A.M. 02-291 MOTION: SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT. DATED SEPTEMBER 10 , 2002 , I MOVE TO APPROVE A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE PROPOSED REZONE WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A DE MINIMUS EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711 .4 (d) (3) AND 14 CCR 753 . 5, AS THE PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; AND SUBJECT TO FINDINGS IIIA-F) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 10 , 2002 , ADOPT ORDINANCE 3834 REZONING FROM U (UNCLASSIFIED) TO P-Q (PUBLIC - QUASI-PUBLIC) THE PROPERTY OWNED BY BUTTE COUNTY AND IDENTIFIED AS A 64 . 3 (+/-) ACRE PORTION OF APN 040-600-082 , AND AUTHORIZE THE CHAIR TO SIGN. M S j VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES'- September 10 02 02 V 02-271Neal'Road"Sanitary'-Landfill - Construction of Module 4 , Phase-A-- County-Project-No. 757-02-2 - Award of Contract - the project is needed to allow for continued long-term waste disposal at the Neal Road Sanitary Landfill . Bids will be opened on August 23 , 2002 , and the Public Works Department will present the bid results to the Board on August 27, 2002 , for the award of the contract - action j requested - AWARD BID TO LOW BIDDER AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (**2313) MOTION: I MOVE TO REJECT THE BID AND DIRECT PUBLIC WORKS STAFF TO REBID CONSTRUCTION OF MODULE 4, PHASE A, IN EARLY 2003 . M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES -,August 27, 2002 11 . Neal Road nd Lafill Rezone - Report to the Board - pursuant to Butte Co� unty Code,the Development Services Department submits the Planning Commission Action Report for a proposed rezone from U (Unclassified) to P-Q (Public-Quasi-public) for property located at 1023 Neal Road. The property is located on the west side of the Neal Road Landfill, south of Chico, and identified as APN 040-600-082 (portion) . The Planning Commission has recommended approval (SB [REZ 02-03] ) i- action requested - ACCEPT REPORT; AND SET A PUBLIC—HEARING FOR CONSIDERATION OF THE MATTER FOR TUESDAY, SEPTEMBER 10, 2002 , AT 11 : 15 A.M. 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - August 13, 20,02 �� " Date .11/21/02 Ovelopment Services Departmitt Time 4 : 53 pm Applicant Billing Worksheet Page 1 REZ 02-03 '* : ' Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Rounding None Full Precision No' Last bill Last charge 11/21/02 Last payment / / Amount $0 . 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 04/13/02 Steve B. / P 9 . 50 560 . 50 NO CHARGE #39919 ' Processing 59 . 00 04/27/02 Diane L. / C 2 . 00 68 . 00 NO CHARGE #40155 Clerical 34. 00 04/27/02 Steve B. / P 4 . 00 236 . 00 NO CHARGE #40365 Processing 59 . 00 05/11/02 Larry P. / P 1 . 50 88 . 50 NO CHARGE #40276 Processing 59 . 00 05/25/02 Steve B. / P 3 . 50 206 . 50 NO CHARGE- #40426 Processing 59 . 00 06/08%02 -Steve B. / P 1 . 50 88 . 50 NO CHARGE #40678t ' Processing 59 . 00 06/08/02 Lynn R. / C 0 . 50 22 . 50 NO CHARGE #40766 Clerical 45 . 00 06/22/02 'Lynn R. / C 0 . 75 33 . 75 NO CHARGE #40932 Clerical 45 . 00 07/06/02. Lynn R. ' / C 0 . 50 22'. 50 NO CHARGE #41150 Clerical 45 . 00 08/03/02 Steve B. / P 2 . 50 147 . 50 NO CHARGE #41578 Processing 59 . 00 REPORT 08/17/02 Lynn R. / C 2 . 00 90 . 00 NO CHARGE #41700 Clerical 45 . 00 �i Date 11/21/02 lovelopment Services Departm�t Time 4 :53 pm Applicant Billing Worksheet Page 2 REZ 02-03 * .:Butte County (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL `08/17/02 Steve B. / P 7 . 75 457 .25 ,NO CHARGE #41734 -Processing 59 . 00 REPORT 08/17/02 Dan B. / P 0 . 50 29 . 50 NO CHARGE • #41761 Processing 59 . 00 09/28/02 Diane L. / C 0 . 50 17 . 00 DO NOT BILL #42130, Clerical 34 . 00 NOD 11/21/02 •Diane L. / C 0 . 50 17 . 00 DO NOT BILL #42264 Clerical 34 . 00 Billing TOTAL BILLABLE TIME CHARGES 0 . 00 $0 . 00 TOTAL NO CHARGE TIME CHARGES 36 . 50 $2 , 051 . 00 TOTAL DO NOT BILL TIME CHARGES 1 . 00 $34 . 00 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $0 . 00 NEW BALANCE TOTAL NEW BALANCE $0 . 00 Department of Development Services, proposed Negative Declaration regarding environmental impacts and Rezone of 69± acres from U (Unclassified) to P-Q (Public, Quasi-Public) in order to allow for the expansion of the Neal Road Landfill. The area to be rezoned is a portion of APN 040-600-082, which is 188.84±acres in size, and is owned by Butte County. A 120± acre portion of this property is developed with the Neal Road Landfill, and is zoned P-Q. Upon approval of this rezone project, all of APN 040-600-082 would be zoned P-Q. An Environmental Impact Report (EIR) was certified by the Board of Supervisors on February 12,2002,to allow the expansion of the Neal Road Landfill. The expansion would allow the landfill to increase capacity and continue to accept waste until approximately 2034. The EIR identified potential significant impacts to the environment and required mitigation measures to prevent or reduce these impacts to a less than significant level. The Certified EIR is available for review at the Butte County Public Works Department. All of the mitigation measures contained within the EIR would be implemented and monitored by the Butte County Public Works Department. The project site is located on the west side of the Neal Road Landfill (1023 Neal Road), south of Chico. (SB) (REZ 02-03) Mr.-Betts gave a brief summary of the project. Commissioner Leland noted that the certified EIR covers the subject area. Commissioner Lambert said that the rezone,if approved,would allow the dump to expand without a Use Permit. She noted that the rezone has more flexibility. The hearing was opened to the public. Bill Hubbard said that the hearing notice he received had the wrong date and that there was no hearing notice on the EIR held last January. He said that he responded to the Notice of Preparation of the EIR, but never had the opportunity to comment on the EIR itself. He added that he should have received notice as a letter writer as well as the land owner. He finally felt that this expansion should be implemented by Use Permit. He asked that the rezone be denied. Commissioner Leland informed Mr. Hubbard that the project would go to the Board for the final decision. Mr. Betts noted for the record that the newspaper notice had the correct date and staff mailed out corrected notices. Mr. Meleka assured the Commission that the Initial Study considered the EIR for the Negative Declaration determination. ■ BUTTE COUNTY PLANNING COMMISSION ■MINUTES ■JUNE 27, 2002 ■ PAGE 17 ■ Mr. Hubbard discussed the odors, sea gull population, ground water contamination, etc. He said that the County does not run the dump, Waste Management runs it, and the County oversees the dump. He felt that the process should be the same for public and private sectors. Mr.Betts said that if the Commission wants they could recommend that this item be approved with a conditional zoning agreement. The hearing was closed to the public. Commissioner Leland said that a conditional rezone would be a cleaner way to do this rezone and limit the project as defined to the project description in the EIR. It was moved by Commissioner Leland, seconded by Commissioner Lambert, and unanimously . carried to recommend approval of a Rezone for the Department of Development Services subject to a Conditional Zoning Agreement to limit the project as defined to the project description in the EIR and subject to the findings listed below. I. Recommend the approval of a Negative Declaration to the Butte County Board of Supervisors regarding environmental impacts, with the following findings: 1. The Butte County Board of Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill. The EIR contains mitigation measures to reduce impacts associated with expansion of the Neal Road Landfill to a less than significant level. 2. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects and a Negative Declaration is proposed. 3. The Planning Commission has considered the proposed Negative Declaration together with comments received during the review process. 4. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Butte County Department of Development Services Rezone,Planning Division File No. REZ 02-03, will have a significant effect on the environment. 5. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. 6. Recommend that the Board of Supervisors approve the Negative Declaration regarding environmental impacts as detailed in the Agenda Report dated June 27, 2002. II. The proposed rezone will not cause environmental damage to fish and wildlife or their habitat,and a"de minimus" exemption regarding impact to fish and wildlife or their habitat ■ BUTTE COUNTY PLANNING COMMISSION ■MINUTES i JUNE 27, 2002 ■ PAGE 18 ■ is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d) (3) and 14 CCR 753.5, is not required. III. Recommend that the Board of Supervisors approve an Ordinance rezoning from U ` (Unclassified)to P-Q(Public-Quasi Public)for property owned by Butte County,identified as a 64.3± acre portion of APN 040-600-082, with the following findings: A. The rezone conforms to the policies,including the text and map of the Butte County General Plan, because the requested P-Q (Public, Quasi-Public) zone is listed as a zone that is consistent with the Public General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties. B. The proposed P-Q zone is consistent with the existing Solid Waste Management Facility Combining land use designation that overlays the property. C. The area to be rezoned has been approved for expansion of the adjacent Neal Road Landfill. D. The Butte County Board of Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill. E. The rezone to P-Q will allow the Neal Road Landfill to have additional capacity to serve the future waste disposal needs of the residents of Butte County. Condition: 1. Uses that are allowed shall be limited to those shown on the site plan contained in the Neal Road Landfill Expansion Environmental Impact Report, Figure 3-7. ■ BUTTE COUNTY PLANNING COMMISSION ■MINUTES ■ JUNE 27, 2002 ■ PAGE 19 ■ DEPARTMT OF DEVELOPMFZT SERVICES } BUTT OUNTY UNIFORM AP ;_CATION APPLICANT: . Agent information to be provided is on other side: APPLICANT'S NAME(If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: ia,AL CoJ 4 v ' C y O — (660 -08 -2— ADDRESS: o0 -O8ZADDRESS: CITY,STATE&ZIP CODE: FILE NUMBER: (FOR OFFICE USE) Cau}ni -�cr brivt ioriwi Ile CA 9 2se Re2- 0a-03 NAME OF PROPOSED PROJECT(If any) TELEPHONE eql LandL11 Eipqn6ian n ( 530) 5-68-J'1(001 LOCATION OF PROJECT(Major cross streets and Address, if any) l02 e ? r < h ` GENERAL INFORMATION REQUIRED ;...... _f ... s.:... ; >: OWNER'S NAME TELEPHONE + - Pu w ' Works Dc 4rv\en+ (S30 ) 938- ''I (o$I i ADDRESS: CITY,STATE&ZIP CODE: "1 CooCetn-6r Dr'./e. Or Ile C.A S S ZONE GENERAL PLAN EXISTING LAND USE T7SITESIZE(in Square Feet or AcresW i C- LA � ± acre s EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) N N (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TOBES W ERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLICWATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY ISO BE ON PROPOSED O R T WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDMSION MAP X REZONE ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT L ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE 3 ❑ CERTIFICATE OF MERGER i ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER t Y Yt, PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) ll__ 1- O Q ± ClCr2 TD e.1L r%Slow a� rl N Qa\ 1`c cl . / <N u•3.< OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. ,(If an agent is to be authorized,execute an affidavit of authorization and inc de the affidavit with this application.) ' DATE: 0 Q Q �, SIGNATURE: " AGENT AUTHORIZATION To Butte County,' Department of Development Services; s Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all' documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s)of Record: (sign and print name) Print Name Print Name Signature Signature Architect and/or Engineer: i Print Name of Architect/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date Received: Total Amount Received: AP Number(s) v1 Legal Description ✓ Owners Authorization ✓ Zoning Requirements ✓ Project Description ✓ Copies of plot plan. Taken by Sj Receipt No. E.H. LD Plan FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will'be returned upon final action. Current fee for this application is $ as of Make check payable to"Butte County Treasurer". • COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed: May 3, 2002 GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: Owner: Butte County, Public Works Department, 7 County Center Drive, Oroville, CA 95965 Applicant: Butte County Department of Development Services, 7 County Center Drive, Oroville, CA 95965 2. -Address of project: Neal Road Landfill, 1023 Neal Road Assessor's Parcel Number: 040-600-082 3. Name, address, and telephone number of person to be contacted concerning this project: Stephen Betts, Butte County Planning Division, 7 County Center Drive, Oroville, CA, 95965, (530) 538-7153 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: Public 6. Existing zoning district: Unclassified 7. How is land currently used? Public Landfill 8. Proposed use of site (Project for which this form is filed):. Extension of existing landfill Project Description: 9. Site size: 69 +/- acres (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: N/A Compact: N/A Total: N/A 11. Plans attached: Yes X No 12. Proposed development schedule: Upon approval of this Rezone and state/county permits 13. Associated projects None 14. Anticipated incremental or phased development None Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities. N/A 18. If institutional, indicate the major function, estimated employment per, shift, estimated occupancy, loading facilities, and community benefits to be derived tram the project. The project would allow for the expansion of the Neal Road Landfill. No significant changes would occur to the current landfill operations — no additional employees, r 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, r commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. The Neal,Road Landfill is located on the same parcel. The only other land use in the area is livestock grazing. Refer to the project description for further detail. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the ,facts, statements, and information presented are .true 'and correct to the best of my knowledge and belief. Date Signature for no additional operating hours. The community benefit to be derived from this project: ensures the citizens of Butte County a place to dispose of their waste. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Project requires permits from Butte County Environmental Health Department, Butte County Air Quality Management District, and California State Regional Water Quality Control Board. , Are the following items applicable to the project or its effects? Discuss below -all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons X or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential X areas"or public lands or roads. 22. Change in pattern or character of general area of project. X 23. Significant amounts of solid waste or litter. X 24. Change in dust, ash, smoke, fumes or odors in vicinity. X 25. Change in bay, lake, river, stream or ground water quality X or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels X in the vicinity. 27. Site on filled land or on slopes*of 10 percent or more. X 28. . Use of, or disposal of potentially hazardous materials, X such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services X (police; fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption X (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. X 21 — 27. The rezone project would allow for the expansion of the Neal Road Landfill. Cut and fill will be necessary to construct new waste modules, thus changing the existing land contours. The expansion will increase the noise, dust, and odors on the area to be expanded into. Environmental Setting: (Attach brief description) • 32. Describe the project site as it exists before the project, including information. on topography, soil stability, plants and animals, and any cultural, historical, or;scenicc aspects. Describe any existing structures on the site and the use )f the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. The area to be rezoned is currently mostly undeveloped, and has been used for cattle grazing. The area consists mainly of grasses, with a few scattered oaks. Refer to the project description for further detail. PROJECT REVIEW CHECKLIST Project Planners fill out this in-house checklist upon receipt of a new project. Project Number: Project/Application Name: Project Site Zoning: General Plan Designation: APN: Project Planner: Date completed: Is the project located within any of the following areas? ❑ North Chico Specific Plan ❑ Oroville Enterprise Zone ❑ ' Williamson Act Land CLCA: ACRES: 100 Year Flood Plain ❑ Within FEMA Floodway ❑ Within DWR Floodway ❑ Dam Inundation Area ❑ Watershed Protection Overlay Zone ❑q East Avenue Specific Plan ❑ Chico Area Greenline (Project in area where Greenline policies apply) ❑ Greater Chico Area Redevelopment Area ❑ Nitrate Action Plan Area ❑ Planning Areas ❑ Urban Reserve • ❑ Durham-Dayton-Nelson Planning Area ❑ Paradise Urban Reserve ❑ Oroville Area Land Use Plan (Adopted 3/29/84) ❑ Oroville Urban Reserve ❑ Chico Area Land Use Plan (Adopted 3/18/90) ❑ Chico Urban Reserve ❑ Gridley-Biggs Land Use Plan (Adopted 8/586) ❑ Gridley Urban Reserve ❑ Honcut Area ❑ Cohasset Area ❑ Palermo Area ❑ Chapman/Mulberry Planning Area (in process of adoption 9-14-99) ❑ Deer Herd Areas Designated Development Zone ❑ Winter Range ❑ Critical Winter Range ❑ Summer Range ❑ Critical Summer Range ❑ Major Migration Corridor ❑ In Deer Range ❑ If Constrained, The Minimum Parcel Size Is acres. ❑ CLUP Area ❑ AIRPORT AREA OF INFLUENCE ❑ Chico Municipal Airport Environs Plan ❑ Chico F] Ranchero Skypark ❑ Paradise Skypark Ranchero ❑ Ranchero ❑ Oroville ❑ Oroville ❑ Airport Land Use Commission Review(ALUC) Required ❑ Urban Area (As defined in Improvement Standards for Chapter 20) ❑ City of Chico ❑ Durham ❑ City of Gridley ❑ City of Oroville ❑ Mountain Recreational Area ❑ Sphere of Influence ❑ City of Chico ❑ City of Gridley ❑ City of Oroville ❑ City of Biggs ❑ City of Paradise ❑ Watershed Areas ❑ , Butte Creek ❑ Cherokee ❑ Big Chico Creek ❑ Wyman Ravine Study Area ❑ Little Chico Creek ❑ Rock Creek Study Area ❑ Sacramento River Conservation(SB 1086) ❑ WP Overlay Zone Area Essential Services ❑ Public Water District ❑ Well(s) ❑ Public Sewer District ❑ On-site Sewer If well and/or on-site sewage disposal, has Environmental Health determined the application filing requirements? ❑ Pre-application review complete ❑ Pre-application review not required ❑ Drainage District/CSA ❑ Fire District ❑ . Butte County ❑ EI Medio Fire District ❑ Federal Aid Road(s) ❑ Other Permits required from other agencies Agency Special Review Department of Water Resources (DWR)/ ❑ Office of Mine Reclamation Reclamation Board ❑ HCD (Mobile Home Parks) - ❑ Department of Fish and Game (DFG) ❑ Department of Fish and Game ❑ CALTRANS ❑ Other ❑ Regional Water Quality Control Board ❑ Army Corps of Engineers ❑ Butte County Air Quality Control District ❑ Other Comments: Version:9/28/99 C:1My DocumentsTRO1ECT REVIEW CHECKLIST.doc 040600082000 040010008000 K:\PROJECTS\REZ\NEAL ROAD DEPT OF PUBLIC WORKS HORNING M C JR LANDFILL\maillistREZ0203.doc 7 COUNTY CENTER DR 4425 JAMBOREE STE 250 OROVILLE CA 95965 NEWPORT BEACH CA 92660 040050038000 040050048000 040050060000 EDWARDS JAMES E&CAROLYN A BRADFORD KATHRYN L KAYE JOSEPH F&DIANE K 1251 ORO CHICO HWY 1316 MESA RD 1375 ORO CHICO HWY DURHAM CA 95938 DURHAM CA 95938 DURHAM CA 95938 s 040050061000 040050062000 040050064000 WALTERS HARVEY M&PATRICIA N CALDWELL CRAIG C&CHERYL D BLAKELEY WESTERN 1281 ORO CHICO HWY 1269 ORO CHICO HWY 60 STATE ST STE 3400 DURHAM CA 95938 DURHAM CA 95938 BOSTON MA 02109 040050071000 040120027000 040120028000 BRABROOK R SHELDON&BRENDA K WHEELOCK VINE E MCLAUGHLIN M RANDY 1195 OROVILLE CHICO HWY P 0 BOX 607 8616 DURNEL DR DURHAM CA 95938 DURHAM CA 95938 DURHAM CA 95938 040490001000' 040490002000 040490003000 HAINES THEODORE H&DORIS.J CHICO BUSINESS PROPERTIES INC STEEL MILL SUPPLY BOX 564 70 DECLARATION DRIVE#101 P 0 BOX 783 DURHAM CA 95938 CHICO CA 95973 DURHAM CA 95938 040490004000 040490011000 040490019000 SCOTT GEORGE W SR TRUSTEE VIKING FREIGHT STURGEON MILLARD. 2600 FAIR ST C/O 6411 GUADALUPE MINES RD P 0 BOX 68 CHICO CA 95928 SAN JOSE CA 95120-5000 OROVILLE CA 95966 040490021000 040600032000 040620002000 TORRANCE HERITAGE CO NANCE CANYON PARTNERS LP KATTUS FRANCIS D&SHARON D 5000 BIRCH ST STE 6100 C/O 2038 DALADIER DR 2038 DALADIER DR NEWPORT BEACH CA 92660 RANCHO PALOS VER CA 90275 RANCHO PALOS VER CA 90274 r s k 4.� -� -�-.►oS 4 � Zr�O -O2�g _4- s��-� -ahoy 1 f,� ORP I t 9�0 Zoo; - 01 ( -o ho. . j � -7 —n 9 Z 9 O� c 0901 �i unuoi 2 0 5-Q7-JMai g a, --050 -o h O; � H8Q01 _ © 10 4h0- -0 6 - 06 <D gig _Oh o ) PROJECT SUMMARY SHEET FILE#: REZ 02-03 PROJECT TYPE: Rezone APPLICANT: Butte County Department of Development Services ADDRESS: 7 County Center Drive,Oroville,CA 95965 OWNER: Butte County Public Works Department ADDRESS:7 County Center Drive,Oroville,CA 95965 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Rezone of+-69 acres to allow for expansion of the Neal Road Landfill PROPERTY ZONED: U(Unclassified) LOCATED: 1023 Neal Road,Durham AP#: . 040-600-082 TOWN/AREA: Durham GENERAL PLAN DESIGNATION:Public 1. Application accepted: 5/6/02 Amount: $N/A Receipt#:N/A r 2. Comments sent to: Chief Administrative Officer;Environmental Health;LAFCo;California Department of Forestry;CalTrans; Central Reg. Water Quality Cont.; Assessor; Air Quality Mgmt.; County Counsel; Public Works Director; Agricultural Commission;Dept. of Fish and Game • r 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Betts 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# -- Negative Declaration �� Mitigation Negative Declaration Subject to Fish&Game: 1 V O Environmental Impact Report Gen.Rule Ex. -CEQA# 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: _I-- 3 - 4 Z' Display Ad Prepared: 11. Notices Mailed: S — 31— 4 Y Number of Notices: 12. Newspaper Publication Date: 0 (C P G B 13. Planning Commission Hearing(s): 2-- Action iAction taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearmg(s): Action taken: OP - Board Resolution No.: Ordinance No: Z5 Adopted: 15. . Type Rezone/Send for signature: 16. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No 17. Send "validated Rezone: 18. Assessor's Memo: 19. Copy of Rezone/Variance to Planning Technician: 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 • Butte County • Neal Road landfill Expansion Project Final Environmental Impact Report • SCH No. 2001062067 1 `1 • rf r Submitted to: BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS 7 County Center Drive • Oroville, CA 95965 • Submitted by: PMC PACIFIC MUNICIPAL • C O N S U L TA N T S January 2002 • FINAL ENVIRONMENTAL IMPACT REPORT FOR THE NEAL ROAD LANDFILL EXPANSION BUTTE COUNTY, CALIFORNIA Y w ` STATE CLEARINGHOUSE NO. 2001062067 • PREPARED FOR BUTTE COUNTY DEPARTMENT OF PUKIC WORKS 7 COUNTY CENTER DRIVE w OROVILLE, CA 95965 PREPARED BY PACIFIC MUNICIPAL'CONSULTANTS 140 INDEPENDENCE CIRCLE, SUITE C CHICO, CA 95973 4 (530) 894-3469 w JANUARY 2002 TABLE OF CONTENTS SECTIONS , 1.0 INTRODUCTION.............................................................................................:..................................1-1 • 2.0 RESPONSE TO COMMENTS..............................................................................................................2-1 Letter Number and Commentor Resoonse on Paae 1. Terry Roberts, State Clearinghouse........................................................................................2-2 2. Philip V.Woodward, Regional Water Quality Control Board............................................2-3 3. Raymond M.Seamans, California Integrated Waste Management Board...... :.2-6 . Y g g ........... 4. Public Hearing, Butte County Board of Supervisors, December 11, 2001........................2-9 3.0 ERRATA TO THE DRAFT EIR..........:...................................................................................................3-1 LIST OF TABLES r 2-1 Public Agencies and Persons Commenting on the Draft EIR.................................................2-1 Butte County Neal Road Landfill Expansion January 2002 Final EIR • NOI1onaoSINI Q' 1.0 INTRODUCTION 1.1 PURPOSE OF THE EIR PROCESS This Final Environmental Impact Report (FEIR) is an informational document prepared for Butte County to.evaluate the environmental impacts of the Neal Road Landfill Expansion Project. The California Environmental Quality Act (CEQA) and the State CEQA Guidelines set forth the EIR process. Under CEQA, the primary objectives of the EIR process are to inform decision makers and the public about a project's potential significant environmental effects, to identify possible ways to minimize the significant effects, and to describe reasonable alternatives to the project. This FOR has been prepared by Pacific Municipal Consultants, a consultant for the County. It has been independently reviewed by County staff for completeness and adequacy, in accordance with CEQA Guidelines Section 15084(e). 1.2 DOCUMENT FORMAT As prescribed by CEQA Guidelines Section 15088, the Lead Agency, which in this case is Butte . County, is required to evaluate comments on environmental issues received from persons who_ have reviewed the Draft Environmental Impact Report (DEIR), and to prepare written responses to those comments. This document, together with the DEIR, will constitute the Final • Environmental Impact Report for this project. The DEIR is incorporated within this document by reference, in accordance with CEQA Guidelines Section.15150. Pursuant to the requirements of CEQA, the County must certify the FEIR as complete and adequate prior to final approval of the project. This FOR contains individual responses to each written comment received during the public review period for the DEIR, from October 26, 2001 to December 10, 2001. A response to additional comments received during a public hearing on the project on December 11, 2001 is included. The FEIR also contains a summary of all changes, corrections and additions made to the EIR text between the draft and final stages. This summary, or errata, is an important, reference tool used to identify specific text modifications. 1.3 EIR CERTIFICATION PROCESS AND PROJECT APPROVAL In accordance with CEQA requirements and the procedures of Butte County, the County must certify the FEIR as complete and adequate prior to taking action on the project. Certification of the EIR for the Neal Road Landfill Expansion Project will take place at a hearing of the Butte County Board of Supervisors. After the EIR is certified and all information is considered, the • County may take action on the project using its independent judgment. It may approve the project, make changes or select an alternative to the project. The information in the EIR does not control the ultimate decision of the County on the project. However, the County must respond to each significant effect and mitigation measure identified in the EIR by making findings supporting its decision. Butte County Neal Road Landfill Expansion January 2002 Final EIR . 1-1 I r • S1N3WW0:) Ol 3SNOdS3S O-Z • 2.0 RESPONSE TO COMMENTS 2.1 COMMENTS AND RESPONSES The following section contains comment letters and written responses to comments on the Draft EIR. CEQA requires that this document respond to only those comments that are specific to the Draft EIR. However, every attempt has been made to respond to comments that address the project in general,in an effort to provide the most complete information possible. Table 2-1 lists those persons and public agencies that provided written comments on the Draft EIR. The assigned comment letter number, letter date, letter author and affiliation with a particular organization, if presented in the comment letter or if representing a public.agency, are also listed. TABLE 2-1 PUBLIC AGENCIES AND PERSONS COMMENTING ON THE DRAFT EIR letter '. Date Commen""tor ' '' rAffiltation NO s 1 December 12,2001 Terry Roberts Govemor's Office of Planning and Research,State Clearinghouse 2 December 3,2001 Philip V.Woodward,C.E.G. California Regional Water Quality Control Board,Central Valley Region, 1 Redding Branch Office 3 December 11,2001 Raymond M.Seamans California Integrated Waste Management Board, Environmental Review Section 4 December 11,2001 Public hearing, Butte County Various Board of Supervisors 1 , • Butte County Neal Road Landfill Expansion January 2002 Final EIR 2-1 tN • Ot r' STATE OF CALIFORNIA Q o Of�eIS GOVERNOR'S OFFICE of PLANNING AND RESEARCH Gray Davis State Clearinghouse Steven-A. Nissen GOVERNOR DIRECTOR December 12,2001 Jim DeWeese Butte County Department of Public Works 7 County Center Drive Oroville, CA 95965 Subject: Neal Road Landfill Expansion SCH#:"2001062067 Dear Jim DeWeese: The State Clearinghouse submitted the above named Draft EIR to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on December 10,2001, and the comments from the responding agency(ies)is(are)enclosed. If this comment package is not in order,please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c)of the California Public Resources Code states that: "'A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which,are. . required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments,we recommend that you contact the commenting agency directly. .. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents,pursuant to the California Environmental Quality Act. Please contact the State . Clearinghouse ar(916)445-0613 if you have any quesauns regarding 1110 Cu•vifUJULicutal revie4 process. Sincerely, Terry Roberts Director, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O. 80X 3044 SACRAMENTO, CALIFORNIA 95812-3044 916--'4j-G6i3 FAX 9iu-323_;Lio -ww•w.Jii:. .i�GGri�;i.t:itnii�ui-ivv�c.iili�iL 2.0 RESPONSE TO COMMENTS . letter 1 Terry Roberts, State Clearinghouse , Response to Comment 1-1 Comment noted. The County acknowledges the receipt of the letter from the State Clearinghouse confirming compliance with the review requirements. . i Neal Road Landfill Expansion Butte.County Final EIR January 2002 • 2-2 California Regional Water Quality Control Board Central Valley Region Robert Schneider,Chair Winston H.Hickox Gray Davis Secretaryfor Redding Branch Office Governor Environmental Internet Address: httpJ/www.swrcb.da.gov/—rwgcb5 . Protection 415 Knollcrest Drive,Suite 100,Redding,California 96002 Phone(530)224-4845•FAX(530)2244857 3 December 2001 Mr. Jim DeWeese Butte County Department of Public Works 7 County Center Drive . Oroville, CA 95965. COMMENTS ON NEAL ROAD LANDFILL EXPANSION PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT (SCH NO. 2001062067),BUTTE COUNTY We have reviewed the subject Environmental Impact Report(EIR) dated September 2001 and offer the following comments. The EIR discusses the potential impacts the vertical and lateral expansion of the Neal Road Landfill may have on the environment. Upon review,we find the Draft EIR fails to adequately evaluate the potential 2-1 impacts the land disposal of municipal solid waste may have on water quality,including both surface and ground water. Further, the report fails to adequately identify the agencies charged with enforcement of the State regulations for disposal of solid waste. Specific areas of the Draft EIR where these issues . are apparent are discussed below. Impact 4.2.1 listed in Table 2-1,Summary of Impacts and Mitigation Measures, identifies as"Less than significant".the impact the project may have on surface water quality and concludes"No mitigation required." We disagree with this evaluation of the potential impacts to surface water quality. The construction and operation of a landfill requires handling large quantities of earth,both as a structural component of the containment facility and for cover for the waste. This earth material is subject to erosion and transport 2-2 into surface water drainage courses. Furthermore, during waste disposal operations,waste constituents, either solid or liquid,may flow into surface waters.. Each of these sources can have a significant impact on surface water quality unless appropriate mitigation measures are implemented. For control of storm' water which may flow off-site,the implementation of Best Management Practices (BUTS)is required. The BMPs are identified in the facility's Storm Water Pollution Prevention Plan which the County must maintain as part of their Storm Water Permit issued by the Regional Board. The potential discharge of waste constituents to surface waters is specifically prohibited in the facility Waste Discharge Requirements. The site must be operated in a manner that fully contains waste. • California Environmental Protection Agency ` Co Recycled Paper The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways • you can reduce demand and cut your energy costs,see our Web-site at httpl/www.swreb.ca.gov/ Mr. Jim DeWeese - 2 - 3 December 2001 Butte County Department of Public Works Section 4.2.1 discusses surface water and drainage control at the landfill. While in an ideal world the implementation of all the components discussed in this section would limit the potential for such 2-3 discharges,this is rarely a reality. Severe storms, lack of materials, less than perfect maintenance, and design flaws can all contribute to discharges to surface waters. Based on the above discussion,we believe it*would be more appropriate to identify the impacts on { 2-4 surface water quality as"Potentially significant"unless mitigated. f Impact 4.2.3 in Table 2-1 identifies as"Potentially significant"the impact the septage supernatant overland treatment system could have on ground water quality; however, there is no impact identified for 2-5 the disposal of municipal solid waste on ground water. While Section 4.2.3 discusses the potential for ground water to be.impacted, the analyses is oversimplified. The discussion titled Groundwater Seepage states that 1)ground water is approximately 73 feet below the ground surface and.2)the proposed liner would act as a capillary break. Both these statements are incorrect. While ground water may be a significant depth below the natural ground surface, the site proposed for Module 4 has been excavated to within a few feet of the water table, A careful evaluation • of ground water elevation data from the monitoring wells and an evaluation of the potential for perched water in the immediate area.needs to be performed. Further,the discussion of the proposed liner acting 2-6 as a capillary break is not complete or acceptable. The regulations for the disposal of solid waste require a minimum five feet separation between waste and ground water, including the capillary fringe. .A prescriptive liner may consist of two feet of clay overlain with a 60 mil synthetic liner. The clay would • not act as a capillary break but would enhance the capillary rise and may cause saturated conditions adjacent to the synthetic liner. Such saturation may adversely affect the structural and hydraulic properties of the clay. The discussion on the potential impacts of leachate on ground water is also oversimplified. While we • agree the construction of liner systems will reduce the potential for impacts to ground water,the risk is :. certainly significant. For this reason, the Regional Board issues Waste Discharge Requirements which.. carefully direct the type of liners required. The installation is performed under careful quality control programs by qualified contractors. Even with this level of scrutiny,many landfills still leak waste constituents and adversely impact water quality. The source of the leakage may be undetected holes on . 2-7 • the liner systems made during construction, flaws in the construction,or poor operations..Further,while the waste is covered with soil daily, the cover material present at the Neal Road Landfill is quite sandy and allows storm water to infiltrate into the waste pile, enhancing the formation of leachate and-landfill gas, each a potential source of ground water contamination. In an effort to identify impacts to ground water, ground water monitoring wells are installed around the site. These actions are all taken in • recognition of the very real potential for ground water contamination from a landfill. Based on the above discussion,we believe it would be more appropriate to identify the impacts on 2-8 ground water quality as"Potentially significant"unless mitigated. • Impact 4.2.3 in Table 2-1 identifies the Butte County Department of Public Works (BCDPW) as 2-9 responsible for Enforcement/Monitoring of the landfill. While we agree the DPW is responsible for monitoring of the site, they do not regulate or enforce on themselves as the owner of the landfill. • 'Mr. Jim DeWeese - 3 - 3 December 2001 Butte County Department of Public Works Landfills are regulated by two State agencies and several local agencies. The Regional Water Quality Control Board regulates discharges that may impact water quality via Waste Discharge Requirements. If the landfill is in.violation of their Waste Discharge Requirements,.then the Regional Board would pursue enforcement action., The Butte County Department of Environmental Health(BCDEH)is designated as 2-9 the Local Enforcement Agency for the California Integrated Waste Management Board. The BCDEH is capable of enforcement activities for violations of the Solid Waste Facilities Permit for the landfill. Finally,the project proposes to increase the height of the landfill approximately five feet. While the increase in height may not be perceived as significant,the additional volume of waste necessary to achieve this height increase is significant. The current disposal area is mostly unlined and leachate from the waste has impacted ground water quality. The County has been required to develop a Corrective Action Program(CAP)to prevent further degradation of ground water quality and to clean the ground water that has beery impacted. The CAP,which consisted of an attempt to reduce the infiltration of 2-10 • precipitation into the waste by using synthetic tarps,has proven uieffective. The Regional Board has requested the County develop another CAP that will resolve the issue. 'It would be contrary to the goal of preventing further contamination to allow more waste in an area that does not have a liner and is known to be leaking waste constituents and contaminating ground water. Based on the above discussion,we believe it would be more appropriate to identify the impacts on 12_11 ground water quality as"Potentially significant''.unless mitigated. If you have any questions on our review of the Draft EIR,please contact me at(530)224-4853 or the letterhead address. PHILIP V. WOODWARD, .E.G. Senior Engineering Geologi t Tanks/SLIC/Waste Containment Unit PVW:ba cc: State Clearinghouse, Sacramento California Integrated Waste Management Board, Sacramento Mr. Charlie Bird, Butte County Department of Environmental Health, Chico 0 • 2.0 RESPONSE TO COMMENTS letter 2 Philip V. Woodward, Regional Water Quality Control Board Response to Comment 2-1 This and other comments provided by the commentor indicate that some effects determined to be "less than significant" by the Draft EIR should be determined to be "potentially significant" instead. The effects so identified by the commentor,such as those on surface and ground water quality, all share the common characteristic of being determined "less than significant" upon compliance with State regulations related to the design, construction, operation and closure of municipal solid waste landfills. It is acknowledged that the impacts identified by the commentor as improperly labeled "less than significant" would be at least "potentially significant" if the project does not comply with applicable regulations. However,these are impacts for which there are State requirements with which the project must comply and which would reduce environmental impacts. These include Title 27 of the California Code of Regulations and RWQCB requirements. Compliance with these requirements is considered feasible and adequate to reduce potential impacts on surface and ground water quality to a level that is less than significant. Please refer to the following Responses to Comments for a discussion of specific impacts. Response to Comment 2-2 The project would be required to submit a Storm Water Pollution Prevention Plan (SWPPP) as part of its application for a Storm Water Permit from RWQCB. The implementation of landfill Best Management Practices that are identified by the SWPPP would minimize the potential for landfill- . related discharge impacts. The project would also be required to comply with Waste Discharge Requirements imposed by RWQCB. Proposed project design features,such as interceptor channels and catch basins,would contain surface water flows on the project site and minimize the potential for downstream sedimentation • impacts. Moreover, the project must comply with provisions of Title 27 of the California Code of Regulations (CCR) that regulate discharges to surface waters. In particular, 27 CCR Sections 20760 (Nuisance Control), 20790 (Leachate Control), 20820 (Drainage and Erosion Control) and 20830 (Litter Control) prohibit discharges from the landfill that have the potential to result in health,safety or nuisance impacts. It is acknowledged that the Draft EIR did not explicitly state that there would be an increased potential for soil erosion at the project site. A statement on soil erosion potential will be added in the Final EIR. However, the conclusion of the Draft EIR - that offsite sedimentation impacts are less than significant - would not change, since project design features and compliance with applicable State requirements would reduce potential impacts. No additional mitigation measures are required. • Response to Comment 2-3 It is acknowledged that events such as severe weather conditions have the potential to result in isolated and infrequent occurrences of waste or fluid being discharged offsite..However, landfill operation procedures that would be in place at the project site, such as the application of daily • and intermediate cover and both temporary and permanent drainage facilities,would minimize Bufte County Neal Road Landfill Expansion January 2002 Final EIR • 2-3 • 2.0 RESPONSE TO COMMENTS the occurrence and magnitude of discharge events. Mechanisms such as provisions in the SWPPP for spill countermeasures, which are part of the current SWPPP for the landfill, would also minimize potential impacts. It is not likely that infrequent, isolated and limited incidents of waste discharge would result in a significant environmental impact. Please also refer to Response to Comment 2-2. Response to Comment 2-4 Please refer to Response to Comments 2-1 and 2-2. Response to Comment 2-5 Section 4.2 of the Draft EIR describes the potential impacts of municipal solid waste disposal as part of the discussion of Impact 4.2.3. Potential impacts discussed include leachate and gas . migration from solid waste disposal sites, and groundwater seepage. Impact 4.2.3 was identified as a "potentially significant" impact, and mitigation measures were proposed to reduce the impact to a level that is less than significant. Response to Comment 2-6 • Conveyance of landfill leachate liquids into the underlying groundwater aquifer is considered potentially significant if no mitigation is implemented. To prevent any leachate from entering the groundwater, the new modules will be constructed with a liner system meeting the standards of California Code of Regulations (CCR) Title 27 sections 20330 and 21710, and Waste Discharge Requirements Order No. 93-200 or any subsequently issued Waste Discharge • Requirements. The liner will be constructed on the excavated base and sideslopes of each waste module. The liner design will be submitted to the Regional Water Quality Control Board for approval prior to construction of any new waste modules. Separation from groundwater, including the capillary fringe, is one of the design parameters that will be addressed in the design of the landfill modules. Response to Comment 2-7 Please refer to Response to Comments 2-1, 2-2 and 2-6. It is acknowledged that installation flaws have the potential to occur in landfill liners. While a liner could be flawed, the installation of the liner system in accordance with adopted regulations is considered adequate mitigation to reduce potential impacts to a level that is less than significant. Response to Comment 2-8 Please refer to Response to Comments 2-1, 2-5, 2-6 and 2-7. Response to Comment 2-9 Comment noted. The Final EIR will be corrected so that the Butte County Department of Public Health, Environmental Health Division is identified as the enforcement agent for mitigation of Impact 4.2.3. Neal Road Landfill Expansion Butte County Final EIR January 2002 • 2-4 2.0 RESPONSE TO COMMENTS Response to Comment 2-10 . The vertical expansion is proposed in .order to promote drainage of surface runoff. The contouring of the landfill, along with the installation of a final cover that complies with applicable regulations, is designed to minimize infiltration of precipitation that could lead to the transport.of contamination into groundwater. A consideration in the design of the final contour of the landfill is the.settlement of refuse anticipated to occur after closure of the landfill site. The • Joint Technical Document estimates that refuse settlements of approximately 3 to 11 feet would take place at the landfill site, with the greatest settlement occurring in the central portions,, where refuse is thickest. The highest elevations at the landfill site after closure would be in the center. The County is currently revising its CAP for the landfill to address concerns about groundwater quality. The revised CAP, which must be approved by RWQCB, would further mitigate the impacts identified in the comment. Also, please refer to Response to Comment 2-6. Response to Comment 2-11 Please refer to Response to Comment 2-1. • • • a Butte County Neal Road Landfill Expansion January 2002 Final EIR 2-5 • ... California Integrated Waste Management Board Linda Moulton-Patterson, Chair soon 10011 Street P.O.Box 4025 • Sacramento,Califomia 95812-4925 • (916)341-6000 was www.ciwmb.ca.gov • Winston H.Hickox Gray Davis Secretaryjor Governor Environmental Protection O • December 11, 2001 DEC > > MW Jim DeWeese, Solid Waste Manager STATE CLEARING HOUSE Butte County Department of Public Works 7 County Center Drive • Oroville, CA 95965 Subject: SCH No. 2001062067: Draft Environmental Impact Report for the proposed expansion of the Neal Road Landfill (Solid Waste Facility Permit(SWFP)No. 04-AA-0002) in Butte County. • Dear Mr.DeWeese: Thank you for allowing the California Integrated Waste Management Board's(CIWMB or Board) Environmental Review Section staff an additional day to comment on the above referenced • document. As we discussed in our conservation of December 11, 2001., you will accept our comments on this project up until close of business on December 11,2001. The Board's Environmental Review Section staff received the Draft Environmental Impact Report prepared and circulated by the Butte County Department of Public Works for proposed changes in design and operation, and revision of the SWFP, at the Neal Road Landfill on October 31,2001...:: The Board's Environmental Review Section staff has reviewed the environmental documents cited . above and offer the following project description,analysis and recommendations based on our understanding. If our description varies substantially from the project as understood by the Lead Agency, the Environmental Review Section staff requests notification prior to preparation of the • Final Environmental Impact Report and local approval of the project. PROJECT DESCRIPTION The Butte County Department of Public Works, acting as Lead Agency,has prepared and • circulated a Draft Environmental Impact Report in order to comply with the California Environmental Quality Act(CEQA) and to provide information to, and solicit consultation with, other Responsible Agencies in the approval of proposed changes in design and operation at the Neal Road Landfill. Information in the Joint Technical Document is incorporated by reference in 3-1 the Draft Environmental Impact Report. The proposed project will require revision of the SWFP • No. 04-AA-0002, a new or updated Waste Discharge Requirements from the Regional Water Quality Control Board, a National Pollutant Discharge Elimination System Permit and possible permits from the Army Corps of Engineers, and an Authority to Construct and a Permit to Operate from the Butte County Air Quality Management District. California Environmental Protection Agency r: Printed on Recycled Paper 12/11/2001 Comment Letter for Neal Road Landfill DEIR Page 2 The Neal Road Landfill is located 7 miles southeast of Chico, and one mile east of Highway 99 on Neal Road in the unincorporated area of Butte County. The current APN numbers for the project • site are listed in the Board's records as 040-600-012 and 040-600-030. The current zoning for the landfill site is U(Unclassified), and there are no structures within 1,000 feet of the landfill boundary. The nearest residence is more than 2 miles away. The property owner is the County of 3" Butte, and the operator is the Neal Road Landfill Company, a subsidiary of Waste Management, Inc. • Existing SWFP The facility is currently permitted for solid waste disposal per the February 2, 1999, SWFP under the following limitations: • Maximum Permitted Tonnage:. 1,200 tons per day Hours of Operation: 7:00 a.m. to 4:00 p.m.,daily Maximum Permitted Traffic Volume: 360 vehicles per day 3-2 Maximum Height of Landfill: 495 feet above mean sea level Maximum Depth of Landfill: not stated Permitted Disposal Area(Footprint): 101 acres w Total Permitted Site: 165 acres Estimated Closure Date: 2018+ Remaining Capacity (February 1999): 6.75 million cubic yards • Proposed Changes According to the Draft Environmental Impact Report,the proposed project will require revision of the SWFP in order to.implement changes in design-and operation that will include the following.. .. components: • Horizontal and Vertical.Expansion.Nertical expansion from the existing 495 feet above mean. sea level to approximately 500 feet above mean sea level and a horizontal or lateral expansion of approximately 74-acres. • Increase in landfill refuse footprint from 101-acres to 140-acres. 3-3 • • Increase in total landfill airspace capacity to 25.6 million cubic yards. • Increase in the fill capacity to approximately 20.5 million cubic yards (13.3 million tons). • Creating small"pocket"cells between Modules l through 3. These modules will be lined and used to utilize unused footprint areas. • Installation of landfill liner system, leachate monitoring and recovery system and landfill gas monitoring and recovery system in compliance with Title 27 California Code of Regulations (27CCR), and EPA Subtitle D requirements. • Increase in the landfills estimated closure date to 2034(based on an average of 435 tons per day). • Relocation of the existing leachate pond to the southwest corner of the landfill and two existing septage ponds would be moved outside the expanded landfill area within the boundaries of the property owned by the county. f DEIR NEAL ROAD LANDFILL 044aa-0002 LTR121O.doc • 12/11/200 1 Comment Letter for Neal Road Landfill DEIR Page 3 • As the landfill expands the scale house and scale, administrative office and employee breakroom, equipment office and maintenance building,waste oil tank, agricultural oil facility, • and above-ground diesel fuel storage tank will be relocated to an adjacent parcel to the south of the landfill. • Reconfiguration of the landfill side slopes to an average gradient of 3:1 with 20-foot horizontal 'benches at 50-foot intervals. 3-3 • Establishment and operation of a Supernatant Overland Flow System(SOFTS). This system will provide for the annual evaporative disposal of up to 5 million gallons(1 million gallons per month for the five summer months)of the supernatant septage pond liquids to a 3.86-acre ground surface area. CIWMB COMMENTS AND QUESTIONS Response to Board Comments 0 The Lead Agency must provide a copy of its responses to the Board's comments at least ten days 3-4 before certifying the Final Environmental Impact Report. Refer to Public Resources Code(PRC), Section 21092.5(a). Existing Landfill Capacity The current SWFP (dated February 2, 1999) indicates a remaining capacity of 6.75 million cubic yards. This is in conflict with the Draft Environment Impact Report that states, as of June 23, , ..1999,the capacity is approximately 2.5.million cubic yards(page 3-9). Please explain or reconcile 3-5 these inconsistencies. • Landfill Expansion There is a some confusion in the.description of the expansion under the section entitled"Landfill Expansion(page 3-11)." In this section it is stated that at build out the footprint of 140-acres "would be entirely within the 165-acres owned by the County." Is the 101-acre disposal footprint plus the 39-acre expansion, for a total of 140 acres to be in the original 165-acres owned by the county and not in the 74-acre lateral expansion? Earlier in the same paragraph reference is made to"a lateral expansion of approximately 74-acres:' Is the landfill to be expanded by 74-acres for a total of 239-acres? Page 3-1, Section 3.1 states that the landfill is currently located"on a 229-acre site." What is the relationship between the 229-acre site the landfill is located on and the 74-acre 3-6 • expansion? A On Page 3-11,Section 3.4, it states that the footprint would be"entirely within the 165 acres owned by the County, and would not require the acquisition of additional property." Is that in conflict with the lateral expansion of 74-acres? Or do you mean that the expansion is going into property already owned by the County? Please answer the above questions in a manner that is easily understood by the layman. After reviewing the Joint Technical Document for additional information, it was still not clear to staff the expansion of the landfill. DEIR NEAL ROAD LANDFILL 04-aa-0002 LTR121O.doc • 12/11/2001 Comment Letter for Neal Road Landfill DEIR Page 4 Landfill Dimensions and Acreage • The environmental document indicates that the proposed landfill will be 239-acres with a disposal footprint of 140-acres. The document also indicates that the landfill is located on a 229-acre parcel. Setting the 229/239 conflicts aside, it is this readers understanding that the landfill will cover the full parcel. If that assumption is incorrect,please indicate the correct site size and acreage. The map, entitled Figure 3-7, shows the"Property Line"as a broken red line and the "Ultimate Limit of Landfill"as a broken blue line. Is the broken red line the boundary of the • 229/239 acres or the boundary of a larger piece of property? It is this readers understanding that the proposed boundary or the total permitted site will be,per the Draft Environmental Impact Report,239-acres. The map,Figure 3-7 indicates that there are 40+acres not included in the landfill. The narrative as well as the graphic representation needs to be reconciled. Is the 3-7 "Ultimate Limit of Landfill"as indicated,the proposed 140-acre disposal footprint or the boundary • of the 239-acre landfill? Indicate the disposal footprint and the boundary on the map and designate it as the"Waste Footprint" and the"Landfill Boundary"respectively or similar wording. The wording"Ultimate Limit'of Landfill"is not clear; it may be interpreted by the lay reader as an indication of an • - additional expansion, not described in the document, or the actual boundary of the landfill. If it is not made clear in the Final Environmental Impact Report, the Environmental Review Section staff will have a problem with finding this description as adequate for permitting purposes. Ground Water r The environmental document indicates that ground water levels beneath the project site range in depth from approximately 73 feet to 232 feet below the ground surface: The document further. states that the excavated area, for new cells would be approximately 150 feet above mean sea level. The document needs to disclose the depth of waste and the depth of ground water above 3-8 mean sea level, so the relative difference in elevation can be determined. 27CCR, Section 20240(c) states landfills should be operated"to ensure that wastes would be a minimum of five feet(5 ft.) above the highest anticipated elevation of underlying ground water." Indicate in the Final Environmental Impact Report what the distance of separation(in feet)of waste from the highest anticipated elevation of underlying ground water? Supernatant Overland Flow Treatment System The Draft Environmental Impact Report indicates a range of evaporation rates of 544,000 to 827,000 gallons per month. The pilot study flow rates were calculated on a minimum of two gallons per minute up to 50 gallons per minute. Based on that information, the minimum • evaporation rate for a month would be in the range of 86,400 gallons per month(2 gallons x 60 3-9 minutes x24 hours x30 days),not the 544,000 gallons per month as indicated. Please explain why there is this wide variance in volume. If the estimated range is based on a formulae, assuming that there will be days above the minimum evaporative flow and days below the maximum evaporative flow, detail and explain the formulae or calculations. DEIR NEAL ROAD LANDFILL 04-aa-0002 LTR121O.doc 12/11/2001Comment Letter for Neal Road Landfill DEIR Page 5 . Has the Regional Water Quality Control Board issued Waste Discharge Requirements for this project? What design features or mitigation measures will be implemented for containment of a 0 spill or catastrophic failure of the supernatant storage/evaporation pond? 3-10 CIWMB ROLE AS A RESPONSIBLE AGENCY The Board will be a Responsible Agency for the environmental review of this proposed project, and for concurrence on the required SWFP revision. The Environmental Review Section staff will need to perform an environmental analysis of this project, using the environmental document developed by the Lead Agency as required in CEQA Guidelines,Title 14; California Code of Regulation(14CCR), Section 15096. The Board operates in cooperation with local government to 3-11 assure protection of public health, safety and the environment from potentially detrimental effects w of improper solid waste management. The Board concurs in the issuance, or revision of a SWFP with Local Enforcement Agencies to assure that a solid waste facility operates in a manner consistent with all applicable laws and regulations. CIWMB CEOA REVIEW 0 As a Responsible Agency under CEQA,the Board's Environmental Review Section staff reviews and comments on environmental documents to assist the Lead Agency in developing an environmental document that will be complete for use by the Lead Agency and all Responsible Agencies. • The Environmental Review Section-staff s comments are intended to help decision-makers 1) identify potential impacts from proposed projects;2)determine whether any such impacts are significant; and 3) ascertain whether significant impacts can be mitigated to a level of insignificance in compliance with the CEQA statutes and guidelines. • When evaluating the adequacy of an environmental document for purposes of SWFP concurrence, the Environmental Review Section staff must compare the design and operation of the facility as described.in the proposed SWFP with the project as described and evaluated in the environmental 3-12 document cited for CEQA compliance. 0 In order for the Board's staff to:evaluate and recommend whether or not the environmental document is adequate for use in the permitting process,the proposed project must be described in sufficient detail for the Environmental Review Section staff to understand and evaluate the proposed project, the potential environmental impacts,proposed mitigation measures, and findings as presented by the Lead Agency. 0 When performing the initial review of a CEQA document such as a Draft Environmental Impact- Report mpactReport or Negative Declaration during the circulation process,the first analysis the Environmental Review Section staff must make is to evaluate whether or not the proposed CEQA document. clearly describes all phases of the project and assess all potential primary and secondary impacts to Public health and safety and the environment that could occur if the project is implemented. 0. DEIR NEAL ROAD LANDFILL 04-aa-0002 LTR121O.doc • 12/11/2001 Comment Letter for Neal Road Landfill DEIR Page 6 When the proposed SWFP is received by the Board, along with the citation of evidence of CEQA. compliance by the Local Enforcement Agency,the second analysis performed by.the • Environmental Review Section staff is to evaluate whether or not the CEQA evaluation in the cited environmental document supports the requested specifications,revisions, and/or conditions of the proposed SWFP. Does the environmental document clearly describe and assess the potential air quality,water quality, geological impacts,traffic,noise,dust,vector and other health and-safety impacts that can be associated with the proposed solid waste facility or changes in design and/or operation? When this type of information is included and addressed in the environmental 3-12 document, the SWFP concurrence process is greatly facilitated. After comparison of the cited CEQA document with the proposed SWFP, the Environmental Review Section staff makes a recommendation to the Board regarding the adequacy of the CEQA • document for concurrence purposes. The Board members make the final determination of the adequacy of the CEQA document for SWFP concurrence as well as whether or not to concur in issuance of the SWFP. MITIGATION REPORTING OR MONITORING PROGRAM(MRMP) Mitigation measures are being offered as part of this proposed project to offset potential environmental impacts, the operator and the Lead Agency should consider the following information: As required by PRC, Section 21081.6,the Lead.Agency should submit a MRMP at the time of • : local certification of the Environmental Impact Report. This should identify the environmental impacts associated with the proposed project, identify mitigation measures to reduce impacts to a 3-13 less than significant level,identify agencies responsible for ensuring the implementation of the proposed mitigations;and specify a monitoring/tracking mechanism. The MRMP is also required to be made a condition of project approval. PRC Section 21081.6(b)requires that"A public agency shall provide that measures to mitigate or avoid significant effects on the environment.are fully enforceable through permit conditions, agreements,or other measures." The Draft Environmental Impact Report should also specify that agencies designated for monitoring and enforcement responsibilities have reviewed the MRMP and agreed that they accept • the responsibility and have the authority and means to accomplish the designated enforcement . responsibilities. SUMMARY The Environmental Review Section staff thanks the Lead Agency for the opportunity to review and comment on the Draft Environmental Impact Report and hopes that this comment letter will be useful to the Lead Agency in carrying out their responsibilities in the CEQA process. The Lead Agency must provide a copy of its responses to the Board's comments at least ten days 3-14 prior to certifying the Final Environmental Impact Report. Refer to PRC Section 21092.5(a). The • Environmental Review Section staff requests copies of any subsequent environmental documents including, the Final Environmental Impact Report,the RDSI,the Closure Plan, any Statements of Ovemding Considerations,copies of public notices, and any Notices of Determination for this DEIR NEAL ROAD LANDFILL 04-aa-0002 LTR121 O.doc • 1.2/11/2001 Comment Letter for Neal Road Landfill DEM Page 7 project. Refer to 14CCR, Section 15075(d)that states: "If the project requires a discretionary approval from any state agencL the local aaencv shall also file with OPR [State Clearinghouse]." 3-14 • If the document is certified during a public hearing,the Environmental Review Section staff request ten days advance notice of this hearing. If the document is certified without a public hearing,the Environmental Review Section staff requests ten days advance notification of.the date of the certification and project approval by the decision-making body. • If you have any questions regarding these comments,please contact me at 916.341.6728 or email me at rseamanscvciwmb.ca.zov. Additional information regarding the types of data that may be included in Environmental Impact Reports prepared for solid waste facilities can be found on the Board's website at wwiv.ciwmb.ca.gLov/LEACentral/CEQA/disposal.htm. Sincerely, Raymond M. Seamans • Environmental Review Section Permitting and Inspection Branch Permitting and Enforcement Division California Integrated Waste Management Board • cc: Karen Fowler. State Clearinghouse P.O. Box 3044 Sacramento,CA 95812-3044 r A Sue O'Leary, Supervisor Environmental Review Section. Permitting and Inspection Branch,Reglion 1 Permitting and Enforcement Division California Integrated Waste Management Board . Christine Karl Permitting and Inspection Branch,Region 1 Permitting and Enforcement Division California Integrated Waste Management Board 'Mary Madison-Johnson, Supervisor Permitting and Inspection Branch,Region 1 Permitting and Enforcement Division California Integrated Waste Management Board. • " ' Tom Reid, Director Butte County Health Department Division of Environmental Health .18 B County Center Dr Oroville, CA 95965 DEIR NEAL ROAD LANDFILL 04-aa-0002 LTR1210.d6c • 2.0 RESPONSE TO COMMENTS Letter 3 Raymond M. Seamans, California Integrated Waste Management Board Response to Comment 3-1 Comment repeats information contained in Section 3.0 of the Draft EIR. Response to Comment 3-2 Comments on Solid Waste Facility Permit are noted. . Response to Comment 3-3 Comment repeats information contained in Section 3.0 of the Draft EIR. Response to Comment 3-4 Comment noted. The County will send a copy of its responses to CIWMB in compliance with , Public Resources Code Section 21092.5(a). Response to Comment 3-5 The 2,486,000 cubic yard estimate for remaining capacity comes from the Joint Technical Document, and applies to the remaining capacity of the existing landfill footprint. The 6,750,000 cubic yard estimate was based upon Report of Disposal Site Information, Neal Road Sanitary • Landfill, Butte County, California, prepared originally in May 1995 by James A. Wyse, Inc., and revised in October 1997. It was based upon the final grading plan for the landfill prepared in December 1993. The Joint Technical Document estimate was made after issuance of the Solid Waste Facility Permit, and is considered the more accurate estimate of remaining landfill . . capacity. • Response to Comment 3-6 The Neal Road Landfill is located within a parcel of 229 acres, which is owned by the County. Solid Waste Facility Permit (SWFP) 04-AA-0002, which allows operation of the Neal Road Landfill, covers 165 acres of the parcel. Of the 165 acres of total permitted area, 101 acres is the permitted disposal area, where solid waste may actually be disposed. The existing landfill • footprint, or the area currently being used for disposal of solid wastes, is 66 acres. Under the project, the landfill footprint would be expanded by 74 acres. Included in this expansion would be the remainder of the 101 acres currently permitted as a disposal area, but not being used. Thus, the total landfill footprint after the project would be 140 acres. This 74- acre footprint expansion would occur entirely within the 165-acre total permitted area covered • by SWFP 04-AA-0002. As stated in Section 3.0 of the Draft EIR, no additional land would need to be acquired, since the County already owns adequate land for landfill expansion. This expansion will necessitate either a revision of SWFP 04-AA-0002 or a new.permit,so as to increase the permitted disposal area of the landfill from its current 101 acres to 140 acres. It would also require a change in the RWQCB Waste Discharge Requirement (WDR) Order No. 88-190, since the order currently limits waste disposal at the landfill site to 80 acres. Neal Road Landfill Expansion Butte County Final EIR January 2002 2-6 • 2.0 RESPONSE TO COMMENTS It is acknowledged that the Draft EIR was not clear on this issue. Therefore,appropriate changes will be made in the Final EIR for clarification. Response to Comment 3-7 Please refer to Response to Comment 3-6. The landfill footprint.will be 140 acres as a result of the project. The landfill site would be located within a 229-acre parcel owned by the County. The project area would not expand to 239 acres. The broken red line in Figure 3-7 of the Draft EIR is the boundary of the 229-acre parcel within which the landfill is located. The "Ultimate Limit of Landfill' boundary indicates the 140-acre footprint. For clarification purposes, the wording "Ultimate Limit of Landfill'will be changed in the Final EIR to"Waste Fo6tprint". Response to Comment 3-8 Please refer to Response to Comment 2-6. Also, please refer to the Joint Technical Document, pages 4-3 and 4-4. Response to Comment 3-9 The 544,000-gallon and 827,000-gallon figures refer to the estimated ambient evaporation rates for a 3.86-acre area in the Sacramento Valley during the summer months. The Pilot Study for the Supernatant Overland Flow Treatment System (SOFTS) is being conducted in part to determine actual evaporation rates for supernatant at the proposed SOFTS site. The Pilot Study has been ' • completed and submitted to the RWQCB as part of the WDR process. Based upon data obtained from the Pilot Study, a determination of full operation flow rates would be made. As proposed, the amount of supernatant fluid applied to the ground surface would be substantially less than the estimated evaporation rates. Response to Comment 3-10 • f The RWQCB has not yet issued Waste Discharge Requirements for the project. New WDRs would be requested as part of the RWQCB permitting process for the project. As part of the process, a Storm Water Pollution Prevention Plan, which would include a Spill Prevention and Countermeasure Plan, would be submitted to RWQCB. Please also refer to Response to Comment 2-2. Response to Comment 3-11 Comment noted. Response to Comment 3-12 Comments on CIWMB CEQA review procedures are noted. , Response.to Comment 3-13 ` Comment noted. A Mitigation Monitoring Program will be submitted with the Final EIR to the County Board of Supervisors for its review and approval. Butte County Neal Road Landfill Expansion January 2002 Final EIR 2-7 2.0 RESPONSE TO COMMENTS Response to Comment 3-14 • ;Please refer to Response to Comment 3-4. -CIWMB shall be provided ten-days advance notice of the public hearing at which certification of the Final EIR is proposed. CIWMB shall also be provided with the documents requested. • • • r Neal Road Landfill Expansion Butte County . Final EIR January 2002 2-8 Public Hearing to Accept Comments on the Neal Road Landfill Expansion EIR, Butte County Board of Supervisors Meeting, 7 • December 11, 2001 - Draft EIR prepared by Pacific Municipal Consultants based on new master plan for proposed Neal Road Landfill Expansion. Purpose of the hearing was to provide Board of Supervisors with overview of project and to ask for public input. Certification of EIR at future Board of • Supervisors meeting after review of public comments. Chris Stabenfeldt of Pacific Municipal Consultants,who served as Project Manager for the EIR, provided a brief overview of project and project components and the EIR process itself. He provided a summary of the project description and mentioned the significant impacts identified • in the Draft EIR. Public comment period ended yesterday(December 10, 2001),but today's comments will be included in final EIR. Letters from California Integrated Waste Management Board(CIWMB) and Regional Water Quality Control Board(RWQCB) have come in. Jim DeWeese, Solid Waste Manager for Butte County,provided an overview of permitting • issues. Steps after completion of CEQA process: obtain permit from CIWMB,waste discharge requirements from RWQCB,permits from U.S. Army Corps of Engineers regarding wetlands and drainages. Prepare final closure plan for old unlined landfill in stages. Construct project. Supervisor Yamaguchi asked what grade of methane gas could be produced,and how much could be produced per acre. Jim DeWeese stated that such questions would be answered by • assessments conducted during design process. Meeting open to public comment. 4-1 Dave Donnan inquired about closure process for old dumpsite. Jim DeWeese explained that • closure of the old site is part of the proposed project. Dave Donnan inquired about the cost of the project, and whether construction of proposed modules would occur all at once. Also,he asked about the AB 939 requirements and a proposed Materials Recovery Facility(MRF). Jim DeWeese responded that the project is fee-based, and • that the modules would be constructed sequentially as needed. Mentioned the Solid Waste Committee has been working to solve problems and to get more diversion in compliance with AB 939 requirements,but place still needed for non-recycled trash. The MRF project was started a few years ago,but was stopped when problems with ensuring delivery of materials to the MRF were discovered. MRF could be established in future. • Dave Donnan asked about the possibility of using baling technology to extend landfill life. Jim DeWeese stated that the landfill does not have the infrastructure in place for the process,and ' other operators using the process were not completely pleased with it. Stated that other processes, including MRF, should be considered prior to baling. C:\My Documents\Neal Road LandfillTublic Hearing Draft 2.doc • Action proposed to accept public comment and accept the report. Report will come back on a newly scheduled hearing date to consider the final EIR. Do not need to keep the public hearing open. Recommendation was to accept the comments heard today. k • f • 'Y 4 i r CAMy DocumentsWeal Road Landfill\Public Hearing Draft 2.doc 2.0 RESPONSE TO COMMENTS Letter 4 Public Hearing, December 11;2001 • Response to Comment 4-1 Comments noted. The comments do not address the adequacy of the Draft EIR, but are presented here for the consideration of the County Board of Supervisors. • • 4 • • Butte County Neal Road landfill Expansion January 2002 Final EIR 2-9 r 2113 1AdSQ 3HI-Oi VIVSH3 O-C . • ' r 1 3.0 ERRATA TO THE DRAFT EIR Listed below are the complete changes,,additions and deletions that have been made to the text of the Draft EIR, as a result of public and staff review. Changes to the text are shown as additions and deletions. 1.0 INTRODUCTION No changes. • 2.0 EXECUTIVE SUMMARY Changes affecting the Executive Summary are represented by the changes in the sections that follow. 3.0 PROJECT DESCRIPTION Page 3-1, second paragraph, is modified to read as follows: The landfill is currently located en within a 229-acre siteap rcel, in a sparsely populated • area of the County (Figure 3-2). Of the 229 acres within the parcel, 165 acres are within the total permitted area of the current Solid Waste Facility Permit. Within the 165 permitted acres, 101 acres is are currently permitted as a disposal area. Page 3-1, fifth paragraph, is modified to read as follows: The landfill site encompasses approximately 165 acres, the total acreage permitted for landfill facility under Solid Waste Facility Permit #04-AA-0002 (Figure 3-3). Only 101 acres are currently permitted as a disposal area. Existing buildings and disposal facilities at the landfill include a landfill entrance gate, landfill equipment and maintenance building, scale and scale house, internal access roads, groundwater production well, refuse Modules 1 through 4,wood waste processing area, used oil collection facility, altered tire • disposal pit, temporary storage area for whole tires received for recycling, and prohibited waste materials temporary storage. Page 3-11, second paragraph, is modified to read as follows: The Neal Road Landfill expansion project would result in a vertical (height) and horizontal • (land area) expansion of the existing landfill. A map of the proposed expansion is shown in Figure 3-7. Figures 3.8 and 3-9 present cross sections of the proposed expansion project. The landfill currently has a permitted disposal area of 101 acres, which includes Module 4. The proposed project would expand the current landfill operations to include a vertical expansion from a maximum elevation of 495 feet above mean sea level to approximately 500 feet above mean sea level, and a lateral expansion of the existing footprint of approximately 74 acres. At buildout, the landfill refuse footprint would be approximately 140 acres. This would be entirely within the 165 GGFes 229-acre parcel owned by the County, and would not require the acquisition of additional property. An ' existing buffer and setback area around the perimeter of the landfill site, varying from 30 to 100 feet in width,would remain after completion of the project. • Figure 3-7,Site Plan;change"Ultimate Limit of Landfill"to"Waste Footprint." Butte County Neal Road Landrill Expansion January 2002 Final EIR . 3-1 3.0 ERRATA TO THE DRAFT EIR Page 3-25,fourth paragraph,is modified to read as follows: California Integrated Waste Management Board (CIWMB) The landfill operates under Solid Waste Facilities Permit (SWFP) No. 04-AA-0002, issued in 1999 by the Butte County Department of Public Health, Environmental'Health Division, acting as the Local Enforcement Agency (LEA) for the CIWMB. A copy of this permit is presented in the JTD. Expansion of the landfill will require a new or amended SWFP from the LEA with concurrence from the CIWMB. 4.1 INTRODUCTION TO ENVIRONMENTAL IMPACT ANALYSIS No changes. • ` J 4.2 HYDROLOGY AND WATER QUALITY Page 4.2-6, final paragraph, is modified to read as follows: The project would involve the expansion of a landfill facility. Runoff in the undeveloped • portions of the property drains primarily towards the western boundary of the site. During excavation and earth moving activities, *landfill development would result in the temporary disturbance of.soils and may affect drainage patterns. This would increase the potential for soil erosion to occur on the project site. The drainage system for the landfill is designed to divert offsite surface water runoff around the landfill and to direct • onsite stormwater into a sedimentation basin (Butte County, 2000). Page 4.2-11, Mitigation Measures MM 4.2.3a, MM 4.2.3b and MM 4.2.3c, change Enforcement/Monitoring from "Butte County Department of Public Works" to 'Butte County Department of Public Health, Environmental Health Division." • - 4.3 AIR QUALITY No changes. 4.4 BIOLOGICAL RESOURCES No changes. 4.5 AESTHETICS No changes. • 4.6 CULTURAL RESOURCES No changes. 4.7` TRAFFIC • No changes. Neal Road Landfill Expansion Butte County Final EIR January 2002 3-2 3.0 ERRATA TO THE DRAFT EIR '5.0 CUMULATIVE IMPACTS • No changes. 6.0 PROJECT ALTERNATIVES No changes. 7.0 OTHER EVALUATIONS REQUIRED BY CEQA No changes. 8.0 REPORT WRITERS AND REFERENCES • No changes. • • ' 4A • • y Butte County Neal Road Landfill Expansion January 2002 Final EIR 3-3 1 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT c OCT 8 2002 Butte County Department of Development Services CRNl!,�� 1..GRl! IJTT �0.CLERKCL� r 7 County Center Drive QY C ___ Oroville, CA 95965 _----.- rr�� FILING NO. L� Project Title/file number: RezoneREZ 02-03 DEC 1 3Q02 APN#040-600-082 " a ,,TI CLASSIFICATION OF ENVIRONMENTAL DOCUMENFI. _ 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( ) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee _ (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2., NOTICE OF DETERMINATION - FEE REQUIRED O 'A. egative Declaration ,$1,250 State Filing Fee - -- $25.00 Clerk's Documentary Handling Fee - O B. Environmental Impact Report - $850 State Filing Fee $2500 Clerk's Documentary Handling Fee . 3. ( ) OTHER(Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. ( ) PAYMENT: The above fees have been paid. See attached receipt(s). 2. (X) NON-PAYMENT: The above fees are not required. Chief Planning Official By: Yvonne Christopher Title: Director- Development Services Lead Agency: Butte County Department of Development Services Date: Ociober 16, 2002 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE � - :3 ,' � *• � _ ' f _ �,. '. � . . � ` .r. -� . ,, ,. �, i • ' � � .i • ,. .1 . �`{ F -. � .: . ...:_ t 7 Y'^ u f .. �, v�. �+(�t ,� � jai ;' f/v+� i _. � ... .: � � . t . .. _ 1` y_ � � 1, NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 , X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., O�oville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code: Project Title: REZ 02-03, Rezone AP Number: 040-600-082 Applicant: Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: 1023 Neal Road, Durham r Project Description: Rezone of+-69 acres to allow for expansion of the Neal Road Landfill This is to advise that the Butte County Planning Commission (Lead Agency or Responsible Agency) has approved the above-described project on June 27,2002,and has made the following determinations regarding the above-described project: 1. The project will, X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. X A Negative Declaration was prepared•for this project pursuant to the provisions of CEQA. 3. Mitigation measures were, X were not, made a condition of the approval of the project. 4. Astatement of overriding considerations_was, X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center ive Hr ,r *evelopment ices CALIF0041A DEPARTMENT OF FISH At GAME ` CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and.Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project,Title/Butte County Location: REZ 02-03, 1023 Neal Road, Durham Project Description: Rezone of+-69 acres to allow for expansion of the Neal Road Landfill Findings of Exemption(attach as necessary): a 1. The County of Butte has conducted an initial study and prepared a Negative Declaration so,as to evaluate the potential of this project for adverse environmental impact: , 2. When considering the record as a whole,there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. , 3. The County of Butte has, on.the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an ' adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.. By ; Yvonne stopher Director- Develop ent Services • Lead Agency: County of Butte ` Date: October 16, 2002 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT OCT 18 2002 Butte County Department of Development Services e 7 County Center Drive CANDE. . B S UTCLERK ,1110 Oroville, CA 95965 BY DtPUTv:- FILING NO. Project Title/file number: RezoneREZ 02-03 APN#040-600-082 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION O A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION -FEE REQUIRED O A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $2500 Clerk's Documentary Handling Fee . 3. O OTHER(Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PMrMENT OF FEES: 1. O PAYMENT: The above fees have been paid. See attached receipt(s). 2. (X) NON-PAYMENT: The above fees are not required. Chief Planning Official By: Yvonne Christopher Title: Director- Development Services Lead Agency: Butte County Department of Development Services Date: October 16, 2002 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. V NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: REZ 02-03, Rezone AP Number: 040-600-082 Applicant: Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: 1023 Neal Road, Durham Project Description: Rezone of+-69 acres to allow for expansion of the Neal Road Landfill This is to advise that the Butte County Planning Commission (Lead Agency or Responsible Agency) has approved the above-described project on June 27,2002,and has made the following determinations regarding the above-described project: 1. The project will, X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were, X were not, made a condition of the approval of the project. 4. A statement of overriding considerations_was, X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center ive rov'le, Y onne C stoph irector- evelopment Services y, CALIFWIA DEPARTMENT OF FISH ) GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: REZ 02-03, 1023 Neal Road, Durham Project Description: Rezone of+-69 acres to allow for expansion of the Neal Road Landfill Findings of Exemption(attach as necessary): . 1. The County iof Butte has conducted an initial study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole,there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. ; 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Yvonne stopher Director-Develop ent Services Lead Agency: County of Butte Date: October 16, 2002 TABLE OF CONTENTS Butte County,Agenda Transmittal Form Butte County Board Agenda Report PAGE Attachment A: General Plan & Zoning Map I Attachment B: Draft Ordinance 2 Attachment C: June 27, 2002, Planning Commission Agenda Report and minutes 5 Attachment D: Initial Study 52 Attachment E: Figure 3-7 of the Neal Road Landfill Expansion Project EIR 69 r i. • 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT — SEPTEMBER 10, 2002 Applicant: Butte County Department of Development Services Parcel Size: 64.3±acres File#: REZ 02-03 Planner: Stephen Betts, Senior Planner Request: Rezone from U (Unclassified) Supervisor to P-Q (Public, Quasi-Public) District: 4 G.P.: Public, Solid Waste Attachments: Management Combining A. General Plan & Zoning Map Designation B. Draft Ordinance C. June 27, 2002, Planning Commission Zoning: U (Unclassified) Agenda Report/Minutes D. Initial Study APN: 040-600-082 (portion) E. Figure 3-7 of the Neal Road Landfill Expansion Project EIR Location: On the west side of the Neal Road Landfill, at 1023 Neal Road, south of Chico STAFF COMMENT: On June 27, 2002, the Planning Commission voted unanimously to recommend approval of this Rezone to the Board of Supervisors. The Commission recommends a Conditional Zoning Ordinance which would allow only those uses analyzed in the Neal Road Landfill Expansion Project Environmental Impact Report. The Planning Commission agenda report, minutes of the June 27, 2002, Planning Commission meeting, and the Initial Study for this project are attached to this agenda report. PROJECT DESCRIPTION: This project is a rezone of 64.3± acres of land from U (Unclassified) to P-Q (Public, Quasi- Public) in order to allow for the expansion of the Neal Road Landfill. The area that would be rezoned has a General Plan land use designation of Public. The area to be rezoned is a portion of APN 040-600-082, which is 188.84± acres in size, and is owned by Butte County. A 124.54± acre portion of this property is developed with the Neal Road Landfill, and is zoned P-Q. Upon approval of this rezone project, all of APN 040-600-082 would be zoned P-Q. The area to be rezoned was purchased by the County in 1996 with the intention of expanding the landfill. ■ BUTTE COUNTY BOARD OF SUPERVISORS 0 AGENDA REPORT 0 Page 1 0 An Environmental Impact Report (EIR) for expansion of the Neal Road Landfill was certified by the Butte County Board of Supervisors on February 12, 2002. The expansion would allow the landfill to increase capacity and continue to accept waste until approximately 2034. Even through the EIR for the Neal Road Landfill expansion was already approved by the Board of Supervisors, the current Unclassified zoning of the site does not allow a landfill use unless a Use Permit is approved. The proposed P-Q zone would allow the landfill expansion without the need to obtain a Use Permit because this zone allows uses operated by public bodies that serve the public health, safety, or general welfare. A landfill operated by a public agency fits this description. PLANNING COMMISSION ACTION: The Planning Commission held a public hearing on this project on June 27, 2002. The minutes of that meeting are attached to this agenda report. One person, representing a nearby landowner, spoke at the hearing. He stated that while he responded to the Notice of Preparation of the EIR, he was not given the opportunity to comment on the EIR itself. He also stated that the rezone to P-Q should not be approved and that a Use Permit would be the appropriate means to allow the landfill expansion. The Planning Commission expressed concerns that the proposed P-Q zoning would allow uses not contemplated in the Certified EIR. As an example, the P-Q zone would allow such uses as a materials recovery facility, a public park, public school, or a public shooting range. These types of uses were not analyzed in the Neal Road Landfill Expansion Project EIR. To prevent uses other than those analyzed in the EIR from being established on the project site, the Planning Commission recommended that the rezone to P-Q be conditioned to limit uses to those shown on Figure 3-7 in the Neal Road Landfill Expansion Project Environmental Impact Report. The heading of the ordinance for this rezone contains language that limits uses of the area to be rezoned to those uses shown on Figure 3-7. Including this language in the ordinance heading precludes the requirement for a conditional zoning agreement. ACTIONS FOR CONSIDERATION: The Planning Commission recommends that the Board of Supervisors take the following actions: f I. Approval a Negative Declaration regarding environmental impacts, with the following findings: A. The Butte County Board of Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill. The EIR contains mitigation measures to reduce impacts associated with expansion of the Neal Road Landfill to a less than significant level. B. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects and a Negative Declaration is proposed. 0 BUTTE COUNTY BOARD OF SUPERVISORS 0 AGENDA REPORT 0 Page 2 0 C: The Board of Supervisors has considered the proposed Negative Declaration together with comments received during the review process. D. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Butte County Department of Development Services Rezone, Planning Division File No. REZ 02-03, will have a significant effect on the environment. E. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. The proposed rezone will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d) (3) and 14 CCR 753.5 is not required. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protection biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve an Ordinance rezoning from U (Unclassified) to P-Q (Public-Quasi Public) for property owned by Butte County, identified as a 64.3± acre portion of APN 040-600-082, with the following findings: A. The rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested P-Q (Public, Quasi-Public) zone is listed as a zone that is consistent with the Public General Plan land use designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties. B. The proposed P-Q zone is consistent with the existing Solid Waste Management Facility Combining land use designation that overlays the property. r C. The area to be rezoned has been approved for expansion of the adjacent Neal Road Landfill. D. The Butte County Board of Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill onto the area being rezoned. E. The rezone to P-Q will allow the Neal Road Landfill to have additional capacity to serve the future waste disposal needs of the residents of Butte County. F. The Rezone Ordinance limits the uses on the area to be rezoned to those uses shown on Figure 3-7 of the Neal Road Landfill Expansion Environmental Impact Report. 0 BUTTE COUNTY BOARD OF SUPERVISORS 0 AGENDA REPORT 0 Page 3 0 II ORDINANCE NO. 3834 A CONDITIONAL ZONING ORDINANCE, LIMITING USES TO THAT 1 WHICH ARE SHOWN ON FIGURE 3-7 OF THE NEAL ROAD LANDFILL 2 EXPANSION PROJECT ENVIRONMENTAL IMPACT REPORT, ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A P-Q 3 (PUBLIC-QUASI PUBLIC) DISTRICT, PURSUANT TO SECTION 24-25.40. 4 THE LAND TO BE REZONED LIES ADJACENT TO THE NEAL ROAD LANDFILL AND IS INTENDED TO BE INCORPORATED INTO THE 5 LANDFILL 6 7 The Board of Supervisors of the County of Butte, State of California, 8 under and pursuant to Section 24-25.40 of the Butte County Code of said County, 9 ORDAINS, as follows: 10 SECTION 1. The hereinafter described area situate in the County of Butte, 11 State of California, shall be and it is hereby zoned as a P-Q (Public, Quasi-Public) 12 District, and such area shall be subject to the restrictions and restricted uses and 13 , regulations pursuant to Butte County Code Section 24-215. 14 15 Said area so zoned being located in the unincorporated area of Butte 16 County, Chico area, more particularly described as follows: 17 Being a portion of Parcel 2 as shown on that certain map entitled "Parcel Map B", as filed in Book 132 of Parcel Maps at Pages 93 through 97 together with a 18 portion of Parcel 2 as shown on that certain map entitled "Parcel Map, a Division 19 of Parcel 3 of Parcel Map B", as filed in Book 136 of Parcel Maps at Pages 14 through 16, on file in the Office of the County Recorder of the County of Butte, 20 State of California, more particularly described as follows: 21 COMMENCING at the most northerly corner of Parcel 1 as shown on that said 22 Parcel Map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B", said corner lying on the westerly right-of-way line of Nance Canyon Drive, said point 23 also lying on the easterly line of a 100' wide electrical easement as recorded in the Office of the County Recorder of the County of Butte, State of California in Book 24 322 of Official Records at Page 145; THENCE leaving said westerly right-of-way line of Nance canyon Drive, South 25 4V15'50" East, along the easterly line of said Parcel 1 and the easterly line of said 26 electrical easement,-a distance of 152.02 feet to a point on the easterly right-of- II 1 way line of Nance Canyon Drive and the True Point of Beginning of the herein- 2 described parcel; 3 THENCE leaving said easterly right-of-way line of Nance Canyon Drive, said easterly line of Parcel 1 and said easterly line of said electrical easement, North 4 04°27'59" East, a distance of 1030.81 feet; 5 THENCE North 53025'35" East, a distance of 970.00 feet to a point on the 6 southerly line of said Parcel 2 as shown on said map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B"; 7 THENCE leaving said southerly line of said Parcel 2, South 66'25'10" East, a 8 distance of 613.47 feet to a point on the northwesterly line of the Butte County Disposal Site as described in deed as recorded in the Office of the County 9 Recorder of the County of Butte, State of California, under Recorders Serial 10 No.92-003801 ; 11 THENCE along said northwesterly line, South 11°33'07" West, a distance of 1035.00 feet to the most westerly corner of said Butte County Disposal Site; 12 THENCE along the southwesterly line of said Butte County Disposal Site, South 13 36°34'25" East, a distance of 1000.00 feet to the most southerly corner of said 14 Butte County Disposal Site; 15 THENCE leaving said southwesterly line, South 60°34'04" West, a distance of 1082.29 feet to a point on the easterly line of said Parcel 1, said point also lying 16 on the said easterly line of a 100 foot wide electrical easement; 17 THENCE along said easterly line of Parcel 1 and said easterly line of said 18 electrical easement, North 41'15'50" West, a distance of 1315.33 feet to the True Point of Beginning. 19 The above-described parcel contains 64.3 acres, more or less. 20 21 Assessor Parcel Number: 040-600-082 (portion), containing 64.3 acres, more or less. 22 23 24" SECTION 2. This Ordinance shall be and it is hereby declared to be in 25 full force and effect from and after thirty (30) days after the date of its passage, and 26 before the expiration of fifteen (15) days after its passage, this Ordinance shall be 1 published once with the names of the members of the Board of Supervisors voting for -2. and against it in the Chico Enterprise Record, a newspaper published in the County of 3 Butte, State of California. 4 5 PASSED AND ADOPTED by the Board of Supervisors of the 6 County of Butte, State of California, on the 10th day.of September , 2002, , . 7 by the following vote; 8 AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen NOES: None 9 ABSENT: None 10 NOT VOTING: None 11 TSIASSEN, CHAIRMAN 12 IBUCounty Board of Supervisors 13 14 ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board 15 16 Deputy 17 18 19 20 L 21 22 ' 23 r 24 25 26 -Good morning Mr. Chairman and Board of Supervisors. This project is a Department of Development Services project to rezone 64 acres of land from Unclassified to Public, Quasi-Public. The land to be rezoned is intended for the expansion of the adjacent Neal Road Landfill. The land to be rezoned is owned by the County. VV- cLMq Ia5 q &P Land v5e �esiq. o� t��lv�;c , line �sopascd P-Q 2av�e i5 ca;tS�y On February 12 of this year the Board of Supervisors certified an Environmental Impact Report for expansion of the landfill. At that time the Public Works Department was not ply G aware that a Use Permit or a Rezone was required for the expansion of the landfill, hence La,n� v s., the reason we are here before you today. LSVLQ�oK The existing Unclassified zoning of the site requires that a Use Permit be obtained. The proposed P-Q zone would allow the landfill use as a right. On June 27 of this year, the Planning Commission conducted a public hearing on this rezone. At that meeting, a representative of an adjacent landowner spoke, stating that the rezone should not be approved and that a Use Permit was the appropriate means to permit the landfill expansion. The Planning Commission had some concerns that the proposed P-Q zone would allow uses not contemplated in the EIR.to be established on the site. r . The Planning Commission recommended that the zoning to P-Q be conditioned to allow only the uses contemplated in the EIR. These uses are shown on Figure 3-7 of the Neal Road Landfill Expansion Project EIR, which is -Attachment E in your packet. The ordinance for this rezone reflects the Planning Commission's recommendation to limit uses to those shown on Figure 3-7. This concludes my presentation. I can answer any questions you may have. Jim DeWeese from the Public Works Department is also here to answer any questions you may have. i w -• • I��+1.r�C�� fit` .,�. � `' �lip �� op -•-. . ��, � �1 `� �\� ��j��/fes✓!�'---J'1�_��;c�/� M low, +�%� � ..A� = _ .�..�-:.ter �_.ri'�� '-"'`� ��J��<" '%� i.�/ �:✓/ / Al Ott j • '00M Flo / �... � ; ice' • OEM-, FIGURE 3-7 the . Site � r(t�group PROECT NO. 792363 -F 44 � L � J 1014.E . " f Project Locations: f ism. 4 a 87.44 - a ac o ko 1 r AS t ...V? c$ sub ac.r.+rare -a Rd ' • _. �. r.:-Vie..-•.... �s f i , 1 � I � i s 3• r A 4 '$ Gard* FR _ a i .. v k7 - 1 _ . _ ---— T. 'a-2i 5 t.�... _1: ,_ s.0 ._ �`. i--^'-� 1 1500 0 !1500 3000 4500 6000 7500 8000 10500 12000 13500 Feet BUTTE COUNTY BOARD of SUPERVISORS Applicant: Butte County Planning Division Owner: County of Butte,Califomia Hearing Date: September 10,2002 Existing Zone: U(Unclassified) N Supervisorial Request: Rezone to P-Q(Public Quasi-Public). District#4 —]—Assessor Parcel No: 040-600-082 F11e:REZ 02-03 N AAL BUTTE COUNTY CLE _ F THE BOARD USE ONLY BOARD OF SUPERVISORS t. MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: DDS, Neal Road Landfill Rezone (REZ 02-03) AGENDA TITLE: ` DDS, DATE: 81261102 MEETING DATE 9110102 DEPARTMENT: Planning REQUESTED: Stephen PHONE: 7153 REGULAR CONSENT CONTACT: Betts DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: DDS,Neal Road Landfill Rezone. This proposal is for a Rezone from "U" (Unclassified) to P-Q (Public—Quasi- Public) and is located on the west side of the Neal Road Landfill, at 1023 Neal Road, south of Chico. APN 040- 600-082 (portion) (SB) (REZ 02-03) ACTION REQUESTED: See Attached AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No x CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No x Administrative Office Review. h If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline.) 4/5/s Vote Required: Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor-Controller's Number(if Date Received by Clerk of the Board: required): County Counsel's Approval: Yes No x Will Proposal Require Additional Personnel: Yes _ No x Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes x No . Describe: report ACTIONS FOR CONSIDERATION: The Planning Commission recommends that the Board of Supervisors take the following actions: I. Approval a Negative Declaration regarding environmental impacts, with the following findings: A. The Butte County Board of Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill. The EIR contains mitigation measures to reduce impacts associated with expansion of the Neal Road Landfill to a less than significant level. B. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects and a Negative Declaration is proposed. C. The Board of Supervisors has considered the proposed Negative Declaration together with comments received during the review process. D. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Butte County Department of Development Services Rezone, Planning Division File No. REZ 02-03, will have a significant effect on the environment. E. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. The proposed rezone will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d) (3) and 14 CCR 753.5 is not required. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of"any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protection biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve an Ordinance rezoning from U (Unclassified) to P-Q (Public-Quasi Public) for property owned by Butte County, identified as a 64.3± acre portion of APN 040-600-082, with the following findings: A. The rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested P-Q (Public, Quasi-Public) zone is listed as a zone that is consistent with the Public General Plan land use designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties. 0 BUTTE COUNTY BOARD OF SUPERVISORS 0 AGENDA REPORT 0 Page 1 0 B. The proposed P-Q zone is consistent with the existing Solid Waste Management Facility Combining land use designation that overlays the property. C. The area to be rezoned has been approved for expansion of the adjacent Neal Road Landfill. D. The Butte County Board of Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill onto the area being rezoned. E. The rezone to P-Q will allow the Neal Road Landfill to have additional capacity to serve the future waste disposal needs of the residents of Butte County. F. The Rezone Ordinance limits the uses on the area to be rezoned to those uses shown on Figure 3-7 of the Neal Road Landfill Expansion Environmental Impact Report. k:\projects\rez\neal road landfill\bos report.doc ■ BUTTE COUNTY BOARD OF SUPERVISORS 0 AGENDA REPORT 0 Page 2 0 BUTTE COUNTY CLE . _ OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: Report to the Board, DDS, Neal Road Landfill Rezone (REZ 02-03) AGENDA TITLE: DDS, DATE: 7/16/02 MEETING DATE 8/13/02 DEPARTMENT: Planning I REQUESTED: Stephen PHONE: 7153 REGULAR CONSENT x CONTACT: Betts DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Planning Commission Action Report to the Board of Supervisors for DDS, Neal Road Landfill Rezone. This proposal is for a Rezone from "U" (Unclassified) to P-Q (Public — Quasi-Public) and is located on the west side of the Neal Road Landfill, at 1023 Neal Road, south of Chico. APN 040-600-082 (portion) (SB) (REZ 02-03) Pursuant to Butte County Code Sections 24-30(b), 24-25.30 and 24-25.40(a) & (b), the Board shall set this Rezone for a public hearing within ninety days of receiving the Action Report from the Planning Commission and shall give notice of the hearing date at least ten days prior to the hearing. If no action is taken by the Board within the ninety days, the proposed Rezone shall be deemed denied. AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No x CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No x Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline.) 4/5/s Vote Required: Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor-Controller's Number(if Date Received by Clerk of the Board: required): County Counsel's Approval: Yes No x Will Proposal Require Additional Personnel: Yes _ No x Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes x No Describe: report Rev. 06/02 ' SPSAL INSTRUCTIONS TO CL& Number of originals required to be returned to Department: "*Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required x Resolution Required Minute Order Required For Information Only _ BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Source of Additional Funds Requested Estimated Cost $ Contingencies $ (Fund Name: ) (Fund Number: ) Amount Budgeted $ Unanticipated Revenue $ (Budget Unit Number: ) (Source: ) (Fund Name: ) (Rev. Code: ) (Fund Number: ) Other Transfer(s) 1. Complete worksheet below 2. Deadline is one business day prior To normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Board Action Required for B-Transfer? Yes No Authorized Signature Date BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: AMOUNT LINE ITEM LINE ITEM Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To PLANNING COMMISSION ACTION REPORT APPLICANT: Department Development Services OWNER: Butte County FILE #: REZ 02-03 REQUEST: Rezone of+/- 69 acres to allow for expansion of the Neal Road Landfill LOCATION: 1023 Neal Road, Durham DATE APPLICATION RECEIVED: May 6, 2002 ACREAGE: 64.3+ acres PLANNING COMMISSION ACTION AND SUPPORTING FINDINGS: I. Recommend the approval of a Negative Declaration to the Butte County Board of Supervisors regarding environmental impacts, with the following findings: 1. The Butte County Board bf Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill. The EIR contains mitigation measures to reduce impacts associated with expansion of the Neal Road Landfill to a less than significant level. 2. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects and a Negative Declaration is proposed. 3. The Planning Commission has considered the proposed Negative Declaration together with comments received during the review process. 4. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Butte County Department of Development Services Rezone,Planning Division File No. REZ 02-03, will have a significant effect on the environment. 5. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. 6. Recommend that the Board of Supervisors approve the Negative Declaration regarding environmental impacts as detailed in the Agenda Report dated June 27, 2002. 11. Adopt a de minimus exemption regarding impact to fish and wildlife or their habitat. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3)and 14 CCR 753.5. is not required.The project site is not known to contain 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. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act;interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources or conflict with the provisions of an adopted Habitat Conservation Plan. III. Recommend that the Board of Supervisors approve an Ordinance rezoning from U (Unclassified)to P-Q(Public-Quasi Public)for property owned by Butte County,identified as a 64.3±acre portion of APN 040-600-082,with the following findings and one condition: A. The rezone conforms to the policies, including the text and Land Use Plan of the Butte County General Plan,because the requested P-Q(Public,Quasi-Public)zone is listed as a zone that is consistent with the Public General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties. B. The proposed P-Q zone is consistent with the existing Solid Waste Management. Facility Combining land use designation that overlays the property. C. The area to be rezoned has been approved for expansion of the adjacent Neal Road Landfill. D. The Butte County Board of Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill. E. The rezone to P-Q will allow the Neal Road Landfill to have additional capacity to serve the future waste disposal needs of the residents of Butte County. Condition: 1. Uses that are allowed shall be limited to those shown on the site plan contained in the Neal Road Landfill Expansion Environmental Impact Report, Figure 3-7. VOTE: 3-0-2-0 (Commissioners Leland,Lambert,and Chairman Mooney;Commissioners Nelson and Marin were absent) AYES: Commissioners Leland and Lambert, and Chairman Mooney NOES: No one ABSENT: Commissioners Marin and Nelson 1 ABSTAINED: No one DATE OF LAST HEARING WITH PLANNING COMMISSION: June 27, 2002 i (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE'OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of 5, a = Notice of Public Hearing. NO. x HEARING ANDfp NOTICE��OF pIN�T�ENT TO • QKYL �, . NEGATIVE DLati hY....e, Notice IS,erebx';given AFFIDAVIT OF PUBLICATION by the r. Planning ':Commission that a public.Mb.fn�?will State of California be held.,ons;lune2T� 2002,in th0.Butte Cou"li ss. tyty Board of SuperisQ,Js Hoorn CountyAdminis County of Butte tration Center"25'Co' ty Center.Drive, The undersi '.Oroviile;� ned resident of the county of California;'at:9:3oajm:, g ty regarding the'tollopring Butte, State of California, says: " ' '". item.' "`; In accordanith the California Eivl n- That I am, and at hil time herein mentioned n mental Quality}:'Act (CEQA),an;Initfai srtly was a citizen of the United States and notahas been`,p're"par�"rfo to nor interested in the above entitled matter; the fouovring"protef NEGA7IVE.:.D_ c4a TIONIREZONEA that I am the principal clerk of-the printer and - Deppaa'rtmerit of: publisher of Developme'rif; Rezone of:69}+/"sates from U_(Unclassf�le-j.0 The Chico Enterprise-Record P-Q(RU bfjc Quas%tfr; lic) in order:toalla4vfoy The Oroville Mercury-Register the ex:` ns n*. the Neal Road;Landfifl7fie; ,.i,., 0.11!'Y That said newspaper is one of general circula- are to be rezoneds'a g portion of AFkN,_040X800: tion as defined by Section 6000 Government of32,whict 11i eye,{8a�+1; acres in. sie; .andf$. Code of the State of California, Case No. 26796. owned by.euttte County b the Su erior Court of the State of California A.12o+ acre Y ;port( nf P f this propertj!;;Is�love I in and for the County of Butte;.that said newspa- oped with the NQ,i Landfill,and;is:zon d;P; per at all times herein mentioned was printed Q.Upon,approva(�otliis and published daily In the Ci of Chico and rezone .pro)ecC y:allot P Y City APN 04Q-600-0D2"`�•;d County of Butte;that the notice of which the be zoned t� � annexed is a true printed copy, was published in Impaa Report; said newspaper on the following days: certfffedbY;tfie; supenr ' 12, ltl 20D2, June 6, 02. expansfonol: Near Road landfilli }i(e expansion,. the Ian dfill.,to`A reale capacity arid. .twantinuetq` accept ste�r, 'GP approxfmatery211 Dated June 28, 2002. The EIR;.teent) at Chico, California. mpacts fo.;ttieNeii.: Hent and rejatiqulrm nent measures ef *%_rt to p'r /en t or reduce, these mpacts to aaess (Signature) significant .Ieve1: ;a ified EIR is ay ilai�ie or review at,thef;Biitie :ounty PubkC 4..YlfOrk's` )epartment: All(o`1e .1-..Yvd1,...� mitigation measures :ontained with1h.ttie'EIR vould be fmplemenfed ind 'monitored:.tiyyttie 3utte '.County` pullc Norks Department.yQP The project site is said newspaper on the following days: ciii,_ed.by the Board of on February 12�2n02, to allow the V. -. -jisof,the Neal June 6, 02. lon"Landfill.- :The "slon.would allow a_landfill to Increase ecfty,and continue to crept 'r•waste until matey 2034. e~::EIR identified Dated June 28.,2002. tenCGal•, significant pacts to.the environ- at Chico,California. entAnd required miti- fi 'measures to pre- ehta,1�reduce these :pi't V:to a;less than (Signature) �gniflcan(:', level. The . . miffed Ella is available h s.-�-..Y.„ .;review at the Butte untyr Public: Works, eppaartrilent. All of the ;itfgatiori measures oed within the EIR �ifouldytia implemented �tM jmonifored by the duke xCounly , Public Worrks Qepartment. project site site is on,ft west side ".Uie Neat Road Landfill 1023 Neal Road),south pf;Ctiico.(SB)(REZ 02- ifi fhefnitial study for they"pro ect identifies potentially__. significant L. eifeotstiut revisions inj 4t►eYprojeq plans or pro- Pasals�tr�made by or agf+ii i;to� y the appli-) carit rlNould-avoid.the. effe }so'r, mitigate the, effect—A a.point where" Gealya .rto significant effecta';,would : occur. l�tefgre,.� "Planning SOW staff is recom- Rjendin$r_:a- Negative, lCtarabonr.' 1 Thelnitial-Study and ;Prop`osed,Negative Dec ,laration0-;this project are .. ,file;for,public eyl rew;kMIng;June 6, 2Q ;Uirqugh,June 26, 2002;At�the;Butte Coun �t?teiiningt Division,-7 ni�t'ys.Center, Drive, ;Oroinlie ,Celifornia. All ,int"erected;persons.are ii7vit tore' the doc- uit►ent Written. com- m lh;6e accepted Plannin Division at th abava address. t �;iiallenge either Declaration or tl s n+31A court, vp}�Finaywbe.,limited to onlji.those issues pyouor;Fsemeone else rai �atftie„public hear rng>describad. in this t)otkroi,tii written cor- resppaondence delivered toafielenning Division t;or riot`%;the public. s er,Intormation reg`R�nB�ythis project, Ieercontact Stephen ettsproji�cf planner,at th`.t3Birae;;County Plan-: niAgg "plvision at $30 7153. • ”" ;�RE�DAyIS, DIRECTOR OF NT SERVICES P�u¢I June 6,2002 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — JUNE 27, 2002 Applicant: Butte County Department of Parcel Size: 64.3± acres Development Services Planner: Stephen Betts File #: REZ 02-03 Supervisor Request: Rezone from U (Unclassified District: 4 to P-Q (Public, Quasi-Public) Attachments: G.P.: Public A: Neal Road Landfill EIR Executive Summary and Project Description Zoning: U (Unclassified) B: Initial Study C: Neal Road Landfill Existing Site APN: 040-600-082 (portion) Conditions Map D: Neal Road Landfill Expansion Site Location: On the west side of the Neal Plan Road Landfill, at 1023 Neal 1 Road, south of Chico STAFF COMMENT: Staff recommends that the Planning Commission recommend approval of the Rezone to the Board of Supervisors. PROJECT DESCRIPTION: This project is a rezone of 64.3± acres of land from U (Unclassified) to P-Q (Public, Quasi- Public) in order to allow for the expansion of the Neal Road Landfill. The area that would be rezoned has a General Plan land use designation of Public. The area to be rezoned is a portion of APN 040-600-082, which is 188.84± acres in size, and is owned by Butte County. A 124.54± acre portion of this property is developed with the Neal Road Landfill, and is zoned P-Q. Upon approval of this rezone project, all of APN 040-600-082 would be zoned P-Q. The area to be rezoned was purchased by the County in 1996 with the intention of expanding the landfill. An Environmental Impact Report (EIR) for expansion of the Neal Road Landfill was certified by the Butte County Board of Supervisors on February 12, 2002. The expansion would allow the landfill to increase capacity and continue to accept waste until approximately 2034. The Executive Summary and Project Description from the EIR are attached to this report. • • ■ Butte County Department of Development Services 0 Agenda Report 0 Page 1 0 The Public land use designation of the area to be rezoned allows a landfill use; however, the Unclassified zoning of this area requires that a Use Permit be approved for the proposed landfill expansion or for any landfill-related uses. The proposed P-Q zone would allow the landfill expansion without having to obtain a Use Permit because this zone allows a landfill use by right. SITE CHARACTERISTICS: The project site is a mostly undeveloped portion of the Neal Road Landfill. The site has been used to support the Neal Road Landfill, and contains several large soil and rock stockpiles and numerous dirt roads. Vegetation on the project site consists mostly of native and introduced grasses and wildflowers. A grove of blue oak trees, approximately 2.8 acres in size, is located in the northeast section of the site, together with scattered oaks along the south property line. Wetlands are located in the northwest portion of the site. The only rare, threatened, or endangered plant species identified on the site is Tehama navarrettia, which is not a Federal or State listed species, but is listed by the California Native Plan Society as a plant of limited distribution and is on their watch list. The project site is overlaid with the "Solid Waste Management Facility" designation. This overlay designation preempts the property from concurrently being used for residential purposes. Surrounding parcels are zoned U or P-Q, and have a General Plan land use designation of Public, Grazing and Open Land, or Industrial. Land use on surrounding parcels is livestock grazing. ANALYSIS: The rezoning of the project site to P-Q would allow the Neal Road Landfill to expand without the need to obtain a Use Permit. Under the current Unclassified zoning of the site, a Use Permit would be required for the expansion and for any other landfill-related use. The rezoning to P-Q would also allow the landfill use and landfill-related uses, such as materials recovery or recycling facilities, as a right. The proposed P-Q zone is listed as a consistent zone of the General Plan's Public land use designation, which lists disposal sites as a Primary Use. Policy 5.8.a. of the General Plan Land Use Element requires the protection of the public heath and safety of Butte County residents and the' natural environment through efficient solid and liquid waste management practices. The rezone of the site to P-Q and the subsequent expansion of the landfill would allow Butte County to continue to provide a waste disposal site for the residents of Butte County. The Butte County Fire Department/CDF requests that a condition be added to the project requiring a 150-foot wide clear area around the perimeter of the landfill to help prevent the spread of a fire. The recommended condition is a requirement of Public Resources Code 4373 and does not need to be added to this rezone project because the operator of the Neal Road Landfill is required to comply with all local and state laws. The rezone of the site to P-Q would not cause any environmental impacts. Impacts associated with the actual physical expansion of the Neal Road Landfill were identified in the Neal Road Landfill Expansion EIR and mitigation measures were recommended. The identified significant impacts and mitigation measures can be found in the attached Neal Road Landfill EIR Executive ■ Butte County Department of Development Services 0 Agenda Report 0 Page 2 0 Summary. As a part of the Neal Road Landfill expansion, water quality permits are required to be obtained from the California Regional Water Quality Control Board and a Solid Waste Facilities Permit is required to be obtained from the Butte County Environmental Health Department. ENVIRONMENTAL DOCUMENTATION: An Initial Study was prepared by County staff for this rezone project, which did not identify any significant impacts and did not recommend any mitigation measures. The Initial Study extensively referenced the Environmental Impact Report (EIR) that was prepared for the expansion of the Neal Road Landfill. This EIR was certified by the Butte County Board of Supervisors on February 12, 2002. With the incorporation of the mitigation measures found in the EIR, the rezone project would not have significant impacts to the environment. The Butte County Public Works Department is the responsible agency for ensuring compliance with the mitigation measures. ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take.the following actions: I. Recommend the approval of a Negative Declaration to the Butte County Board of Supervisors regarding environmental impacts, with the following findings: 1. The Butte County Board of Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill. - The EIR contains mitigation measures to reduce impacts associated with expansion of the Neal Road Landfill to a less than significant level. 2. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects and a Negative Declaration is proposed. 3. The Planning Commission has considered the proposed Negative Declaration together with comments received during the review process. 4. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Butte County Department of Development Services Rezone, Planning Division File No. REZ 02-03, will have a significant effect on the environment. 5. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. 6. Recommend that the Board of Supervisors approve the Negative Declaration • regarding environmental impacts as detailed in the Agenda Report dated June 27, 2002. ■ Butte County Department of Development Services 0 Agenda Report 0 Page 3 0 II. The proposed rezone will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d) (3) and 14 CCR 753.5, is not required. III. Recommend that the Board of Supervisors approve an Ordinance rezoning from U (Unclassified) to P-Q (Public-Quasi Public) for property owned by Butte County, identified as a 64.3± acre portion of APN 040-600-082, with the following findings: A. The rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested P-Q (Public, Quasi-Public) zone is listed as a zone that is consistent with the Public General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties. B. The proposed P-Q zone is consistent with the existing Solid Waste Management Facility Combining land use designation that overlays the property. C. The area to be rezoned has been approved for expansion of the adjacent Neal Road Landfill. D. The Butte County Board of Supervisors certified an Environmental Impact Report for the expansion of the Neal Road Landfill E. The rezone to P-Q will allow the Neal Road Landfill to have additional capacity to serve the future waste disposal needs of the residents of Butte County. kAprojects\rez\neal road landfillineal road landfill rezone pc agenda report.doc IIx 0 Butte County Department of Development Services 0 Agenda Report 0 Page 4 0 IdNnOO 311nI3 280-009-OVO S O-ZO Z3N CD S UAV cr i Ul o P N ZIUOd-wBtiJn wel4in cl 10 a. 0 I'M lwwno peoll ol ice f uqlje3c god tl deVq A4!UIOIA 1 IA. 111M; 1 11' 1 1 MU U gnu1 ; n 1' 4 ::%"kGi�:J�l{.;:::'•., t: `ter--' r.r 'Kill Now owl 1.11111 1ULO PI-0 ILIS .A li*O it r'$} 1♦ `f1i:i•: V./. v� t� iE 11. r. ,J`'J Sv•:iii`:!:•:��YFr��}�j;�;`:;:�::;::�:'�.: 1 s. a r® I r°. s • a w' �,b 4 a n < !7 r s i, q� P r / 1 i i r w Ian . L J;Ad �� .�r--+►�' ,9 iidi_ California Re t Antrol Board conal Water uah Central Valley Region Robert Schneider,Chair Winston H.Hickox Gray Davis Secreraryfor ,Redding Branch Office Governor Environmental Internet Address: http://www.swrcb.ca.gov/—rwgcb5 Protection 415 Knollcrest Drive,Suite 100,Redding,California 96002 Phone(530)224-4845•FAX(530)2244857 I I June 2002 Mr. Mike Crump,Director Butte County Department of Public Works 7 County Center Drive Oroville,CA 95965-3397 ` NOTICE TENTATIVE WASTE DISCHARGE REQUIREMENTS FOR COUNTY OF BUTTE NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY Any comments or recommendatioris you may have concerning the enclosed tentative order should be submitted to this office by 15 July 2002 in order for us to give them full consideration prior to the meeting of the Regional Board on 19 July 2002. If you have ny qu ons,please contact Katie Bowman of my staff at(530)226-3458 or the letterhead address.. S C. PEDRI,P.E. sistant Executive Officer Route To: Enclosures: Tentative WDRs 0 ply/B Standard Provisions(April 2000) FA ._ C7 CS l•. cc: Ms.Elizabeth Babcock,Division of Clean Water Programs,SWRCB, Sacramento 13 Ms.Frances McChesney,Office of the Chief Counsel,SWRCB,Sacramento Frotd: .. Mr. Scott Walker,CIWMB, Sacramento Ms. Diana Vaughn-Thomas, CIWMB, Sacramento I Department of Fish and Game,Region 2,Rancho Cordova Mr. Frank Giardi,Butte County Environmental Health Division,Oroville Butte County Board of Supervisors,Oroville in. ° E r s; �.w�S Butte County Planning Department,Oroville �-� ►� Mr. Kenneth Haskell,Golder Associates,Roseville Chico Enterprise Record, Chico Waste Management Inc.,Chico J UN 1 2 2002 COUNTY California Environmental Protection Agency PLBUTTE BUTTEANNINDIVISIONCOUNTY tL� Recycled Paper The energy challenge facing California is real. Every Cafifomian needs to take immediate action to reduce energy consumption. For a fist of simple ways you can reduce demand and cut your energy costs,see our Web-site at http://www.swrcb.ca.gov/ 1 , oil LA Ao � �= C) ig� fl3 r 1 r CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ORDER NO. MCC WASTE DISCHARGE REQUIREMENTS FOR BUTTE COUNTY r NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY The California Regional Water Quality Control Board, Central Valley Region, (hereafter Regional Board)finds that: 1. Butte County(hereafter Discharger) owns a Class III municipal solid waste landfill (hereafter"landfill") and three Class II surface impoundments about 7 miles southeast of Chico,in Section 14 and 15,T21N,R2E,Mount Diablo Baseline and Meridian, as shown in Attachment A, which is incorporated herein and made part of this Order. 2. The landfill and Class II surface impoundments (hereafter"facility") comprise 229-acres, of which 87-acres are currently designated as a disposal area for municipal solid waste. To date three landfill Waste Management Units (Unit) or Modules, as specified by Butte County, have been developed. These Units, identified as Modules 1, 2, and 3, cover approximately 66 acres of the disposal area. The remaining 21-acres of the disposal area is designated for the construction of a new landfill Unit(Module 4). Modules 1 and 3 are unlined covering approximately 49.5-acres. Module 2 was constructed with a two-foot thick compacted clay liner that is overlain by a one-foot thick granular Leachate Collection and Recovery System (LCRS) and covers approximately 16.5-acres. The Class II surface impoundments include a leachate pond, septage pond, and septage supernatant pond, as shown in Attachment B, which is incorporated herein and made part of this Order.. The facility is comprised of Assessor's Parcel Number APN 040-600-082. 3. The Discharger proposes an additional expansion of the landfill disposal footprint to the . west and south of the existing disposal area resulting in a total disposal footprint of approximately 140 acres (Modules 3A, and 5 through 10) as shown in Attachment B. This. expansion is expected to proceed following the construction of Module 4. In addition, a Corrective Action Program has been prepared by the Discharger in response to a release from the existing active portion of the landfill. The Corrective Action Program will implement phased closure of Module 1, 2, 3 and 3A, as Module 4 is constructed. 4. On 28 October 1988, the Regional Board issued Order No. 88-190, in which the facility was classified as a Class III waste disposal site with Class II surface impoundments for the discharge of municipal solid wastes and domestic septage in accordance with the Gt2v c. F. t t • u } r WASTE DISCHARGE REQUIREMENTS ORDER NO. -2- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY regulations in effect when the Order was issued. This Order reclassifies the facility as a Class III landfill with Class H surface impoundments that accepts municipal solid waste and - domestic septage in accordance with Title 27, California Code of Regulations, §20005, et seq. (Title 27). 5. On 17 September 1993, the Regional Board adopted Order No. 93-200, amending Order No. 88-190 and implementing State Water Resources Control Board Resolution No. 93-62, Policy for Regulation of Discharges of Municipal Solid Waste. Butte County and Parrott Ranch Company, Neal Road Class III Landfill and Class H Surface Impoundments are P added to Order No. 93-200 in Attachment 1,Line No. 36. SITE DESCRIPTION 6. The facility is in hilly terrain along the eastern edge of the Sacramento Valley. The area is characterized by topographic plateaus separated.by steep ravines and canyons. The landfill has been developed in a northeast/southwest-trending canyon eroded into a gently sloping plateau. Elevations at the.site range from about 410 feet mean sea level (MSL) at the northeastern facility boundary to about 210 feet MSL at the southwestern facility boundary. 7. The facility lies within nearly flat-lying volcanic deposits of the Tuscan Formation. It is underlain by a series of interlayered sandstone, tuff-breccia, and lahar deposits. The sandstones are typically fine to course grained and contain up to 4-percent silt. The lahar deposits are well-cemented and frequently fractured and jointed. Fractures are usually open and approximately one-fourth inch wide. The clayey sands of the Tuscan Formation immediately underlying the facility have in-situ permeabilities ranging from 2x10-3 cm/sec to 3x10-4 cm/sec. Samples from the formation have achieved remolded permeabilities of 1x10-4 cm/sec. 8. The Tuscan Formation is an important water-bearing unit in the northeastern part of the Sacramento Valley containing the main regional aquifer. The formation is exposed in the Cascade foothills and extends to the valley floor. Beneath the facility, groundwater is found at elevations ranging from 136 feet to 146 feet MSL. This groundwater exists under unconfined conditions within the Tuscan sandstones. 9. A well-cemented lahar deposit-generally occurs in the upper elevations at the facility. The subsurface materials exposed within Module 4 predominately consist of thick sandstone. Capillary rise beneath the landfill has been estimated to be less than two feet. The average measured hydraulic conductivity of the native soils underlying Module 4 is 0.001 cm/sec. 10. The Chico Monocline Fault is the closest potential seismogenic source to the facility. It is a buried reverse-slip fault, which extends for more than 70 km(43 mi) to the northwest. The Chico Monocline Fault has a long-term calculated slip rate of 0.14 to 0.33 mm/yr. The I WASTE DISCHARGE REQUIREMENTS ORDER NO. -3- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY maximum credible earthquake for the fault is estimated to be moment magnitude Mw 7:0. The peak horizontal ground acceleration in rock at the facility with a 10 percent probability of exceedence in a 250-year period is 0.44 g. The most likely source event corresponding to this level of ground shaking can be characterized by earthquake magnitudes in the range of Mw 6.0 to 6.5 occurring at a distance of about 5 km. 11. The landfill currently appears as a flat-topped mound rising approximately 20 feet above the surrounding grade. The landfill is covered with a relatively pervious material that, in combination with the flat upper surface, allows for ponding and percolation of precipitation down into the unlined waste pile enhancing the production of leachate. 12. The Butte County land use map designates the property within 1,000 feet of the landfill as "U" open grazing land(A-Z zoning designation). Currently no structures exist within 1,000 feet of the facility. The only structure within one mile of the facility is an inactive poultry ranch one-half mile south of the facility on Neal Road. 13. The facility receives an average of 26.32 inches of precipitation per year as measured at the Chico University Farm Station No. 1715 located at Latitude 39042'00"N, Longitude 121°49'00"W at an elevation of 185 feet MSL. The mean pan evaporation rate is 66.8 inches per year as measured at the Chico Experiment Station No. 4 located at Latitude 39042'00"N,Longitude 121047'00"W at an elevation of 205 feet MSL. 14. The 100-year, 24-hour precipitation event is estimated to be 5.28 inches based on Y P P Department of Water Resources' bulletin entitled Rainfall Depth-Duration-Frequency for California, revised November 1982, updated August 1986. 15. The facility is not within a 100-year.flood plain based on the Federal Emergency , Management Agency's (FEMA)Flood Insurance Rate Map, Community-Panel Number 06007C. 16. There aie two industrial groundwater supply wells within one mile of the facility. One is the water supply well for the facility, and the other is located at the inactive poultry ranch one half mile southeast of the facility. Surface springs or other sources of groundwater supply have not been observed in the area. SURFACE WATER AND GROUNDWATER 17. The Regional Board adopted a Water Quality Control Plan for the Central Valley Region, Sacramento River and San Joaquin River Basins, Fourth Edition (hereafter Basin Plan). The Basin Plan designates beneficial uses, establishes water quality objectives, and describes an implementation program and policies to achieve water quality objectives for all waters of the Basin. This includes plans and policies adopted by the SWRCB and incorporated by reference, such as Resolution No. 68-16, Statement of Policy with Respect WASTE DISCHARGE REQUIREMENTS ORDER NO. -4- BUTTE COUNTY 'NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY to Maintaining High Quality of Waters in California. These requirements implement the Basin Plan. 18. Surface drainage is toward Hamlin Slough, tributary to Butte Creek in the Upper Little Chico Hydrologic Area (No. 521.30) of the Butte Creek Hydrologic Unit (No. 521.00), as depicted on interagency hydrologic maps prepared by the Department of Water Resources in August 1986. 19. The facility is located adjacent to Nance Canyon, which contains an unnamed intermittent stream. The stream combines with a second unnamed stream, which flows out of the southwestern portion of the facility. The combined flow of these streams eventually discharges to Hamlin Slough,Butte Creek, and the Sacramento River. 20. The beneficial uses of the Sacramento River downstream of the discharge as identified in Table II-1 of the Basin Plan are municipal and domestic supply; agricultural irrigation and agricultural stock watering; industrial service supply; hydropower generation; contact recreation, canoeing and rafting, and non-contact recreation; warm and cold freshwater habitat; warm and cold water fish migration; warm and cold water fish spawning; wildlife habitat; and navigation. { The beneficial uses of Butte Creek downstream of the discharge as identified in Table H-1 of the Basin Plan are municipal and domestic supply; agricultural irrigation and agricultural stock watering; hydropower generation; contact recreation; warm and cold freshwater habitat; cold water fish migration; warm and cold water fish spawning; and wildlife habitat. The beneficial uses of Hamlin Slough are not identified in the Basin Plan, however the Basin Plan states, "The beneficial uses of any specifically identified water body generally apply to its tributary streams." Upon review of the flow conditions,habitat values, and beneficial uses of Hamlin Slough, the Regional Board finds that the beneficial uses identified in the Basin Plan for Butte Creek are applicable to Hamlin Slough. 21. The first water-bearing horizon is approximately 100 feet below the base of the current landfill and 10 feet below the base of Module 4 at 136 to 146 ft elevation above MSL. The hydraulic gradient is generally to the southwest, and groundwater flows at approximately 44 feet per year. Groundwater in the region is of excellent quality, with total dissolved solids generally less than 200 mg1L. 22. The designated beneficial uses of the groundwater, as specified in the Basin Plan, are municipal and domestic water supply, agricultural supply, industrial service supply, and industrial process supply. r WASTE DISCHARGE REQUIREMENTS ORDER NO. -5- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY 23. This Order implements: a. The Basin Plan; b. The prescriptive standards and performance goals of Chapters 1 through 7, Subdivision 1,Division 2,Title 27, of the California Code of Regulations, effective 18 July 1997, and subsequent revisions; c. The prescriptive standards and performance criteria of RCRA Subtitle D, Part 258; and d. State Water Resources Control Board Resolution No. 93-62,Policy for Regulation of Discharges of Municipal Solid Waste, adopted 17 June 1993. WASTE AND FACILITY CLASSIFICATION 24. The Discharger discharges nonhazardous municipal solid wastes, as defined in §20164 of Title 27, to the Class III Landfill. Nonhazardous solid wastes include municipal solid wastes, as referred to in Title 40, Code of Federal Regulations,Part 258 (Subtitle D). 25. The Discharger also discharges wastes containing greater than one percent (>I%) friable asbestos for disposal in the Class III Landfill. These wastes are classified as `hazardous' under Title 22 of the California Code of Regulations. However, because these wastes do not pose a threat to water quality, Section 25143.7 of the Health and Safety Code permits their disposal in any landfill which has Waste Discharge Requirements that specifically permit the discharge, provided the wastes are handled and disposed of in accordance with other applicable state and federal statutes and regulations. 26., The site characteristics where the facility is located do not meet the siting criteria for a new Class III landfill, as described in §20260(a) and (b)(1) of Title 27. As such, the facility is not suitable for operating new landfill Units or lateral expansions of existing landfill Units for the discharge and containment of Class III wastes without the construction of additional i waste containment features, as described in §20260(b)(2) of Title 27 and State Water Resources Control Board Resolution No. 93-62. 27. The leachate pond, septage pond and septage supernatant pond were retrofitted to Class II standards in 1992, following the closure of previous unlined septage impoundments. 28. Approximately 300,000 to 400,000 gallons per month of septage from throughout Butte County is discharged into the septage pond. Overlying liquid, including storm water is decanted into the supernatant septage pond for evaporation. Currently, excess supernatant from the supernatant septage pond is trucked off-site to the City of Chico Wastewater Treatment Plant for disposal. WASTE DISCHARGE REQUIREMENTS ORDER NO. -6- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY 29. On 4 November 1999, the Discharger submitted a Report of Waste Discharge to dispose of excess supernatant from the supernatant septage pond to on-site surface soils instead of trucking the waste off-site. Separate Waste Discharge Requirements will be drafted for this proposed discharge. CLASS II SURFACE IMPUNDMENT DESIGN AND CONSTRUCTION 30. Article 4, Table 4.1, and Sections 20330 and 20340,Title 27, contain construction standards for Class II surface impoundments. Minimum requirements include the following: a. A single (replaceable)compacted clay liner with a hydraulic conductivity of 1x106 cm/s, or less. The liner must be replaced before the last 25 percent(minimum one-foot thickness) of liner has been penetrated by fluid waste; or b. A double liner consisting of a synthetic flexible membrane primary(inner) liner (minimum thickness 40 mils) underlain by a blanket type leachate collection and removal system underlain by a minimum two-foot thick compacted clay liner having a hydraulic conductivity of 1x106 cm/s, or less, or a substantial thickness of natural geologic materials having a hydraulic conductivity of 1x10"6 cm/s, or less. 3L The Discharger has constructed three Class II surface impoundments for the containment of leachate, septage, and septage supernatant. The surface impoundment liners consist of (from the top down) an 80-mil HDPE synthetic membrane liner, a geotextile, a geonet drainage layer for leachate collection and removal, a second geotextile, and a 24-inch clay liner with a maximum hydraulic conductivity of 1x10"6 cm/sec. 32. Experience has shown, that the prescriptive standard described in Finding No. 30 will not meet the performance standard for a Class II surface impoundment which is "to prevent migration of wastes from the WMUs to adjacent geologic materials, groundwater, or surface water, during disposal operations, closure, and the post closure maintenance period" (Section 20310(a),Title 27). To meet the performance standard, future Class II surface impoundments constructed and operated at this facility must, at a minimum, consist of a synthetic flexible membrane inner liner and a composite outer liner with an intervening LCRS. The composite outer liner must, at a minimum, consist of one-foot of compacted clay with a hydraulic conductivity of 1x10-6 cm/sec, or less, overlain by a synthetic flexible membrane liner. Synthetic flexible membrane liner materials must have a minimum thickness of 40 mils (60 mils, if HDPE). LANDFILL DESIGN AND CONSTRUCTION 33. On 17 June 1993, the State Water Resources Control Board adopted Resolution No. 93-62 implementing a State Policy for the construction, monitoring, and operation of municipal WASTE DISCHARGE REQUIREMENTS ORDER NO. � -7- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY solid waste landfills that is consistent with the federal municipal solid waste regulations promulgated under Subtitle D. 34. Resolution No. 93-62 requires the construction of a prescribed composite liner system at new municipal solid waste landfills, or expansion areas of existing municipal solid waste landfills, that receive wastes after 9 October 1993. 35. Resolution No. 93-62 also allows the Regional Board to consider the approval of engineered alternatives to the prescriptive standard. Section III(A)(b)of Resolution No. 93-62 requires that the engineered alternative liner systems be of a composite design similar to the prescriptive standard. 36. Section 20080(b) of Title 27 allows the Regional Board toconsiderthe approval of an engineered alternative to the prescriptive standard. In order to approve an engineered alternative idaccordance with §20080(c)(1) and(2), the Discharger must demonstrate that the prescriptive design is unreasonably and.unnecessarily burdensome and will cost substantially more than an alternative which will meet the criteria contained in §20080(b), or would be impractical and would not promote attainment of applicable performance standards. The Discharger must also demonstrate that the proposed engineered alternative liner system(s) {is/are) consistent with the performance goal addressed by the particular prescriptive standard, and provides protection against water quality impairment equivalent to the prescriptive standard in accordance with §20080(b)(2) of Title 27. 37. Section 13360(a)(1) of the California Water Code allows the Regional Board to specify the design, type of construction, and/or.particular manner in which compliance must be met in Waste Discharge Requirements or Orders for the discharge of waste at solid waste disposal facilities. 38. On 26 November 2001, the Discharger submitted a Report of Waste Discharge requesting approval of an engineered alternative to liner requirements for Module 4. 39. The Discharger proposes a liner system which will be designed, constructed, and operated torevent migration of wastes p gra from Module 4 to adjacent natural geologic matenals, groundwater, or surface water during disposal operations, closure, and the post-closure maintenance period in accordance with the criteria set forth in Title 27 for a Class III landfill, and the provisions in State Water Resources Control Board Resolution No. 93762 for municipal solid wastes. .40. The engineered alternative proposed by the Discharger consists of a double composite liner on the floor and a single composite liner on the side slopes. On the landfill base, the containment system consists of the following components from top to bottom: 12-inches of operations soil, 8-oz. non-woven geotextile filter, 12-inches of LCRS gravel (permeability WASTE DISCHARGE REQUIREMENTS ORDER NO. -8- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY greater than or equal to 1 cm/s) with LCRS piping, 60-mil HDPE geomembrane (double- sided textured), Geosynthetic Clay Liner(GCL), Geocomposite leak detection layer, 60-mil. HDPE geomembrane (double-sided textured), GCL, 12-inches of low-permeability soil -liner(permeability less than or equal to 1x106 cm/s), and native subgrade (sandstone). 41. Side slope liners are proposed to be constructed of, from top to bottom: 24-inches of operations soil,LCRS geocomposite drainage layer, 60-mil HDPE geomembrane (single- sided textured, textured side down), GCL, and native subgrade (sandstone, or lahar) with surface improvements as necessary to provide support to the overlying geosynthetic liner system. The side slopes range from 2H:IV to 1.75H:IV (horizontal:vertical). 42. The Discharger has demonstrated that the proposed engineered alternative is consistent with the performance goals of the prescriptive standard and affords equivalent protection against water quality impairment. 43. Leachate will be drained by gravity from Module 4 to the low point of the LCRS at the western end of the proposed landfill expansion, where it will be pumped through a riser pipe and conveyed to the leachate surface impoundment for disposal. Along the floor of the landfill, the LCRS will consist of a one-foot thick layer of 3/8-inch minus gravel. A perforated 6-inch diameter HDPE pipe will be located centerline of the landfill with lateral HDPE pipe drains spaced approximately every 200 feet. Along the side slopes, the LCRS will consist of a geocomposite drainage layer. At the tie-in between Module 4 and Modules 1 and 3, a geocomposite drainage layer will be constructed at the toe of the existing refuse fill to collect lateral leachate migration from Modules 1 and 3. This leachate will be conveyed to the floor of Module 4 where it will tie into the main LCRS collection pipe. During interim landfill development, a temporary sump will be located on the western end of the initial cell (Phase A), where leachate will be pumped from a temporary riser pipe. A small 5- to 10-foot high berm will be located along the western edge to provide leachate containment.. The peak design leachate generation rate of 500 gallons/acre/day is estimated for the short-term development conditions. 44. Construction will proceed only after all applicable construction quality assurance plans have been approved by Executive Officer. Construction of Module 4 and closure of Modules 1, 2, 3, and 3A will proceed as described in Section 4.2.3 of the Corrective Action Program, Neal Road Landfill, Butte County, dated 18 March 2002. The closure schedule for Modules 1, 2, 3, and 3A is described in Provision L.13 of this Order. STORM WATER MONITORING 45. Undiverted precipitation falling on the landfill units that contacts waste is collected and handled by the leachate collection and removal system or otherwise kept on-site in accordance with Section 20365(b) of Title 27 and the Standard Provisions and Reporting WASTE DISCHARGE REQUIREMENTS ORDER NO. -9- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY Requirements for Title 27(27 CCR section 20005, et seq.)and Subtitle D (40 CFR 258), dated April 2000 (Standard Provisions). 46. Precipitation that falls on the site without contacting waste (storm water)is diverted off-site by a system of drainage structures and holding facilities. Storm water runoff, which does not contact waste, is directed to peripheral channels and discharged into an ephemeral drainage that is tributary to Hamlin Slough. 47. Discharge of storm water to a water of the United States requires a federal permit under the National Pollutant Discharge Elimination System (NPDES). The facility operates under State Water Resources Control Board (SWRCB) Order No. 97-03.-DWQ (General NPDES Permit No. CAS000001) and has an approved Storm Water Pollution Prevention Plan. This Order requires the Discharger to maintain and comply with General NPDES'Permit No. CAS000001. UNSATURATED ZONE AND GROUNDWATER MONITORING ' 48. The Discharger has installed an unsaturated zone and groundwater monitoring network, as shown on Attachment B. Unsaturated zone monitoring consists of 11 suction lysimeters. Lysimeters U1, U2, U3, and U4 are located in the active areas of the landfill. Lysimeters U1 and U2 will be abandoned to allow for the construction of Module 4. Lysimeter U5 is the designated"background" point and is located near the landfill entrance. Lysimeter U6 is located beneath the leachate collection pond. Lysimeters U7, U8,U9, U10L, and U10S are placed beneath the septage pond and/or septage supernatant pond. 49. The groundwater monitoring network consists of 12 monitoring wells. Designated background points include MW-4 and MW-12. The down gradient monitoring wells include MW-1, MW-2, MW-6, MW-7, MW-8a and 8b, MW-9, MW-10, and MW-11. MW-3 is located at the gate entrance to the landfill, cross gradient of the active areas. MW-5 has been decommissioned. 50. The Discharger's Detection Monitoring Program for groundwater at the facility does not satisfy the requirements contained in Title 27. This Order requires the Discharger to submit a groundwater detection monitoring program for Module 4, and any other Unit expansion, and specifies additional unsaturated zone monitoring. GROUNDWATER DEGRADATION 51. Volatile organic compounds (VOCs) and soluble salts are often detected in a release from a landfill, and are the primary waste constituents detected in groundwater beneath a municipal solid waste landfill. Since volatile organic compounds are not naturally occurring and thus have no background value, they are not amenable to the statistical WASTE DISCHARGE REQUIREMENTS ORDER NO. -10- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY analysis procedures contained in Title 27 for the determination of a release of wastes from a Unit. 52. Sections 20415(e)(8) and(9) of Title 27 provide for the non-statistical evaluation of monitoring data that will provide the best assurance of the earliest possible detection of a release from a Unit in accordance with §20415(b)(1)(B)2-4 of Title 27: However,Title 27 does not specify a specific method for non-statistical evaluation of monitoring data. 53. The Regional Board may specify a non-statistical data analysis method pursuant to Section 20080(a)(1) of Title 27. Section 13360(a)(1) of the California Water Code allows the Regional Board to specify requirements to protect underground or surface waters from leakage from a solid waste site, which includes a method to provide the best assurance of determining the earliest possible detection of a release. 54. In order to provide the best assurance of the earliest possible detection of a release of non- naturally occurring waste constituents from a Unit, this Order specifies a non-statistical method for the evaluation of monitoring data. 55. The specified non-statistical method for evaluation of monitoring data provides two criteria (or triggers) for making the determination that there has been.a release of non-naturally occurring waste constituents from a Unit. The presence of two non-naturally occurring waste constituents above their respective method detection limit (MDL), or one non- naturally occurring waste constituent detected above its practical quantitation limit (PQL), indicates that a release of waste from a Unit has occurred. Following an indication of a release, verification testing will be conducted to determine whether there has been a release from the Unit, or there is a source of the detected constituents other.than the landfill, or the detection was a false detection. Although the detection of one non-naturally occurring ' waste constituent above its MDL is sufficient to provide for the earliest possible detection of a release, the detection of two non-naturally occurring waste'constituents above the MDL as a trigger is appropriate due to the higher risk of false-positive analytical results and the corresponding increase in sampling and analytical expenses from the use of one non- naturally occurring waste constituent above its MDL as a trigger. 56. Groundwater and soil-pore liquid has been monitored on a quarterly basis since 1989. The analytical results indicate evidence of a release, as shown by elevated concentrations of several monitoring parameters in down gradient compliance wells when compared to background wells. Higher concentrations in down gradient compliance wells of specific conductance, total dissolved solids, chlorides, sulfate, and nitrate, indicate a release of waste constituents from the landfill to groundwater. A statistical analysis of these constituents showed significant concentration increases compared to background levels. WASTE DISCHARGE REQUIREMENTS ORDER NO. -11- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY CORRECTIVE ACTION PROGRAM 57. The detection of waste constituents in the unsaturated zone and groundwater requires the implementation of a Corrective Action Program(CAP) to remediate the discharge pursuant to §20430 in Title 27. The initial corrective action measures implemented in the early, 1990's included covering the inactive portions of the landfill with temporary tarps to help shed precipitation. A review of the ground water data showed this action was ineffective; . the concentrations of the noted waste constituents increased during this time period. Reasons the original CAP failed include: poor maintenance of the tarps, drainage pipes and structures, lack of adequate slope on the top of the landfill to facilitate runoff, the highly permeable nature of the earthen cover material, and the need to expose portions of the site during waste disposal operations. 58. On 18 March 2002, the Discharger submitted a second CAP that includes final closure of Modules 1, 2, 3, and 3A by 2006. Closure will consist of covering these Units with a flexible membrane liner and vegetative cover to exclude all precipitation. A gas control system will be employed to remove gas and moisture created by the decomposing waste. Trend analyses of groundwater monitoring data from the down gradient compliance wells will be evaluated to determine the effectiveness of the CAP. CEQA AND OTHER CONSIDERATIONS 59. The Butte County Board of Supervisors certified the Final Environmental Impact Report for the facility on 12 February 2002. Butte County Department of Public Works filed a Notice of Determination on 15 February 2002 in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (14 CCR Section 15000 et seq.). The Regional Board considered the Environmental Impact Report and incorporated mitigation measured from the Environmental Impact Report into these Waste Discharge Requirements designed to prevent potentially significant impacts to design facilities and to wastewater quality. 60. The Environmental Impact Report classified impacts to surface water and groundwater as potentially significant. Surface water quality may be potentially impacted from storm water runoff containing wastes from soil excavation and disturbances during construction activities. Proposed mitigation for these impacts includes diversion of offsite surface water runoff around the landfill and directing onsite storm water into a sedimentation basin. Additional measures include re-contouring drainage patterns using a series of temporary and permanent drainage ditches and berms routed to a sedimentation/storm water retention basin. Groundwater quality may potentially be impacted as excavation brings disposed waste closer to the water table. Groundwater may also be affected by landfill gas migration. Proposed mitigation efforts include the installation of a low permeability liner • WASTE DISCHARGE REQUIREMENTS ORDER NO. -12- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS, BUTTE COUNTY sysiem, a gas and leachate collection system, and tire pit monitoring as part of the evaluation monitoring program.' PROCEDURAL REQUIREMENTS 61. All local agencies with jurisdiction to regulate land use, solid waste disposal, air pollution, and to protect public health have approved the use of this facility for the discharges of waste'to land stated herein. 62. The Regional Board has considered the information in the attached Information Sheet in developing the findings in this Order. The attached Information Sheet is part of this Order. 63. The Regional Board notified the Discharger and interested agencies and persons of its intent to prescribe Waste Discharge Requirements for this discharge, and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations. 64. The Regional Board, in a public meeting, heard and considered all comments pertaining to the discharge. 65. . Any person adversely affected by this action of the Regional Board may petition the State Water Resources Control Board to review the action. The petition must be received by the State Board within 30 days of the date of issuance of this Order. Copies of the law and regulations applicable to filing the petition will be provided on request. IT IS HEREBY ORDERED that Order No. 88-190 is rescinded and Attachment 1 of Order No. 93-200 is amended to delete line No. 36, Butte County and Parrott Ranch Company, Neal Road Class III Landfill and Class II Surface Impoundments, and that Butte County,Neal Road Class III Municipal Solid Waste Landfill and Class H Surface Impoundments, its agents, successors, and assigns, in order to meet the provisions of Division 7 of the California Water Code and the regulations adopted thereunder, shall comply with the following: A. PROHIBITIONS 1. The discharge of `hazardous waste' is prohibited except for the discharge of non-friable asbestos to the landfill. The discharge of `designated waste' is prohibited except for the discharge of leachate to the designated Class II surface impoundment. For the purposes of this Order, the term `hazardous waste' is as defined in Title 23, California Code of Regulations, Section 2510 et seq., and `designated waste' is as defined in Section 13173 of the California Water Code. 2. The discharge of wastes outside of a Unit or portions of a Unit specifically designed for their containment is prohibited. WASTE DISCHARGE REQUIREMENTS ORDER NO. -13- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY 3. The discharge of waste to a closed Unit is prohibited. , 4. The discharge shall not cause the release of pollutants, or waste constituents in a manner which could cause a condition of nuisance, degradation, contamination, or pollution of groundwater to occur, as indicated by the most appropriate statistical or non-statistical data analysis method and retest method listed in this Order, the Monitoring and Reporting Program, or the Standard Provisions and Reporting Requirements. 5. The discharge of solid or liquid waste or leachate to surface waters, surface water drainage courses, or groundwater is prohibited. 6. The discharge shall not cause any increase in the concentration of waste constituents in soil-pore gas, soil-pore liquid, soil, or other geologic materials outside of the Unit if such waste constituents could migrate to waters of the State—in either the liquid. or the gaseous phase—and cause a condition of nuisance, degradation, contamination, or pollution. 7. The discharge of wastes, other than septage, to the septage pond Class II surface impoundment is prohibited. 8. The discharge of wastes, other than septage supernatant, to the septage supernatant pond Class II surface impoundment is prohibited. B. DISCHARGE SPECIFICATIONS 1. Non-hazardous solid wastes shall be discharged to either: a. The active portions of Modules 1, 2, 3, or 3A until 15 October 2006, when these unlined portions of the landfill will receive final closure; or b. To Module 4, which is designed and constructed with a composite liner containment system that meets the requirements for both liners and leachate collection and removal systems described in General Construction Specifications D in this Order. 2. The discharge shall remain within the designated disposal area at all times. 3. Class R surface impoundments shall be operated and maintained to sustain a freeboard of at.least two feet at all times. 4. Public contact with the septage pond and septage supernatant pond shall be precluded through fences and signs. WASTE DISCHARGE REQUIREMENTS ORDER NO. -14- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE HAPOUNDMENTS BUTTE COUNTY 5. Collected screenings, sludges, and other solids removed from the septage pond and septage supernatant pond shall be disposed of in a manner that is consistent with Title 27 and approved by the Executive Officer. C. FACILITY SPECIFICATIONS 1. The Discharger shall, in a timely manner, remove and relocate any wastes discharged at this facility in violation of this Order. 2. The Discharger shall immediately notify the Regional Board of any flooding, unpermitted discharge of waste off-site, equipment failure, slope failure, or other change in facility conditions, which could impair the integrity of waste or leachate containment facilities or precipitation and drainage control structures. 3. Water used for facility maintenance shall be limited to the minimum amount necessary for dust control and construction. 4. The Discharger shall maintain in good working order any facility, control system, or monitoring device installed to achieve compliance with the Waste Discharge Requirements. 5. Methane and other landfill gases shall be adequately vented, removed from the Unit, or otherwise controlled to prevent the danger of.adverse health effects, nuisance conditions, or the impairment of the beneficial uses of surface water or groundwater due to migration through the unsaturated zone. 6. Surface drainage within the waste management facility shall either be contained on-site or be discharged in accordance with applicable storm water regulations. 7. The Discharger shall maintain a Storm Water Pollution Prevention Plan and Monitoring Program and Reporting Requirements in accordance with State Water Resources Control Board Order No. 97-03-DWQ, or retain all storm water on-site. D. GENERAL CONSTRUCTION SPECIFICATIONS 1. The Discharger shall submit for Executive Officer review and approval prior to construction, design plans and specifications for new Units and expansions of existing Units, that include the following: a. A Construction Quality Assurance Plan meeting the requirements of§20324 of Title 27; and WASTE DISCHARGE REQUIREMENTS ORDER NO. -15- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY b. A geotechnical evaluation of the area soils, evaluating their use as the base layer; and c. An unsaturated zone monitoring system, which is demonstrated to remain effective throughout the active life, closure, and postclosure maintenance periods of the Unit, which shall be installed beneath the composite liner system in accordance with §20415(d) of Title 27. 2. The Discharger may propose changes to the liner system design prior to construction, provided that approved components are not eliminated, the engineering properties of the components are not substantially reduced, and the proposed liner system results in the protection of water quality equal to or greater than the design prescribed by Title 27 and this Order. The proposed changes may be made following approval by the Executive Officer. Substantive changes to the design require reevaluation as an engineered alternative and approval by the Regional Board. 3. If the Discharger proposes to construct a liner system in which a GCL is placed on top of a subgrade, the subgrade for the bottom and the side slopes of the Unit shall be prepared in an appropriate manner using accepted engineering and construction methods so as to provide a smooth surface that is free from rocks, sticks, or other debris that could damage or otherwise limit the performance of the GCL. 4. Construction shall proceed only after all applicable construction quality assurance plans have been approved by Executive Officer. 5. The composite liner system will be prepared in an appropriate manner using accepted engineering and construction methods so as to provide a surface that is smooth and free from rocks, sticks, and other debris that could damage or otherwise limit the jperformance of the geosynthetic clay layer and/or geomembrane, and certified in accordance with this Order and the approved CQA Plan. 6. Following the completion of construction of a Unit or portion of a Unit, and prior to discharge onto the newly constructed liner system, the final documentation required in §20324(d)(1)(C) of Title 27 shall be submitted to the Executive Officer for review and approval. The"report shall be certified by a registered civil engineer or a certified engineering geologist. It shall contain sufficient information and test results to verify that construction was in accordance with the design plans and specifications, and with the prescriptive standards and performance goals of Title 27. 7. A third party independent of both the Discharger and the construction contractor shall perform all of the construction quality assurance monitoring and testing during the construction of a liner system. WASTE DISCHARGE REQUIREMENTS ORDER NO. -16- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY 8. If monitoring reveals substantial or progressive increases of leachate generation above the design leachate flow volume of 500 gallons/acre/day by the Unit or portion of the . Unit, such that the depth of fluid on any portion of the LCRS (excluding the leachate removal pump sump) exceeds 30 cm, the Discharger shall immediately notify the Regional Board in writing within seven days. The notification shall include a timetable for remedial or corrective action necessary to achieve compliance with the . leachate depth limitation. 9. Closure of Module 4 shall not proceed in the absence of closure Waste Discharge r Requirements. E. CLASS III LANDFILL CONSTRUCTION SPECIFICATIONS 1. The engineered alternative shall be constructed as a double composite liner on the floor and a single composite liner on the side slopes. On the landfill base, the containment system consists of the following components from top to bottom: 12-inches of operations soil, 8-oz. non-woven geotextile filter, 12-inches of LCRS gravel (permeability greater than or equal to 1 cm/s) with LCRS piping, 60-mil HDPE geomembrane (double-sided textured), Geosynthetic Clay Liner(GCL), Geocomposite leak detection layer, 60-mil HDPE geomembrane (double-sided textured), GCL, 12-inches of low-permeability soil liner(permeability less than or equal to 1x10"6 cm/s), and native subgrade (sandstone). 2. Side slope liners shall be constructed of, from top to bottom: 24-inches of operations soil, LCRS geocomposite drainage layer, 60-mil HDPE geomembrane (single-sided textured, textured side down), GCL, and native subgrade (sandstone, or lahar) with surface improvements as necessary to provide support to the overlying geosynthetic liner system. The side slopes range from 2H:IV to 1.75H to 1V (horizontal:vertical). F. CLASS II SURFACE IMPOUNDMENT CONSTRUCTION SPECIFICATIONS 1. Future Class II surface impoundments shall be constructed with a double liner having a blanket-type LCRS between the inner and outer liners. The inner liner shall be a synthetic flexible membrane at least-40-mil thick(60 mils, if HDPE). The outer liner, under the LCRS, shall be a composite, consisting of an upper synthetic flexible membrane at least 40-mil thick(60-mil, if HDPE), underlain by at least one foot of compacted clay having a hydraulic conductivity of 1x10"6 cm/s or less. 2. Class H surface impoundments and related containment structures shall be constructed and maintained to prevent, to the greatest extent possible, inundation, erosion, slope failure, washout, and overtopping under 1000-year, 24-hour WASTE DISCHARGE REQUIREMENTS ORDER NO. -17- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS H SURFACE MWOUNDMENTS BUTTE COUNTY precipitation conditions, and shall be designed to contain the 100-year wet season precipitation. 3. Class II surface impoundments and related containment structures shall be designed and constructed to withstand a maximum credible earthquake. '4. LCRSs shall be designed, constructed, and maintained to collect twice the anticipated daily volume of leachate generated by the WMU and to prevent the buildup of hydraulic head on the underlying liner. The depth of fluid in any collection sump shall be kept at or below the minimum needed to ensure efficient pump operation. 5. Fluid leaking through the inner liner of a Class II surface impoundment will be collected and returned to the impoundment or otherwise disposed of in a manner approved by the Executive Officer. Flow through the inner liner will be measured and expressed in units of gallons/minute/acre. G. UNSATURATED ZONE MONITORING SPECIFICATIONS 1. The Discharger shall maintain and sample the unsaturated zone monitoring system as described in Monitoring and Reporting Program Order No. 2. A pan lysimeter shall be installed beneath the liner system of each newly constructed Unit and surface impoundment for the purposes of unsaturated zone monitoring. The pan lysimeter shall be located below the leachate sump(s) and/or the leachate collection and removal system troughs as approved by the Executive Officer. H. DETECTION MONITORING SPECIFICATIONS 1. The Discharger shall submit for Executive Officer review and approval a groundwater detection monitoring program demonstrating compliance with Title 27 for any Unit expansion. 2. The Discharger shall comply with the detection monitoring program provisions of Title 27 for groundwater, surface water, and the unsaturated zone, and in accordance with Monitoring and Reporting Program No. A detection monitoring program for a new Unit shall be installed, operational, and one year of monitoring data collected prior to the discharge of wastes [27 CCR §20415(e)(6)]. 3. The Discharger shall provide Regional Board staff a minimum of one week notification prior to commencing any field activities related to the installation, repair, or abandonment of monitoring devices, and a minimum 48 hour notification prior to the collection of samples associated with a detection monitoring program, evaluation monitoring program, or corrective action program. WASTE DISCHARGE REQUIREMENTS ORDER NO. -18- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY 4. The Discharger shall comply with the Water Quality Protection Standard as specified in this Order, Monitoring and Reporting Program No. . , and the Standard 'Provisions and Reporting Requirements, dated April 2000. 5. The Water Quality Protection Standard for organic compounds that are not naturally occurring and not detected in background groundwater samples shall be taken as the detection limit of the analytical method used (i.e., USEPA methods 8260 and 8270). The presence of non-naturally occurring organic compounds in samples above the Water Quality Protection Standard from detection monitoring wells is evidence of a release from the Unit. 6. The concentrations of the constituents of concern in waters passing the Point of Compliance shall not exceed the concentration limits established pursuant to Monitoring and Reporting Program No. 7. For each monitoring event, the Discharger shall determine whether the landfill is in compliance with the Water Quality Protection Standard using procedures specified in Monitoring and Reporting Program No. and §20415(e) of Title 27. 8. For any given monitored medium, the samples taken from all monitoring points and background monitoring points to satisfy the data analysis requirements for a given reporting period shall all be taken within a span not to exceed 30 days, unless the Executive Officer approves a longer time period, and shall be taken in a manner that ensures sample independence to the greatest extent feasible. 9. The Discharger shall submit for Executive Officer review and approval a Sample Collection and Analysis Plan. The Sample Collection and Analysis Plan shall at a minimum include: a. Sample collection procedures describing purging techniques, sampling equipment, and decontamination of sampling equipment; b. Sample preservation information and shipment procedures; c. Sample analytical methods and procedures; d. Sample quality assurance/quality control (QA/QC)procedures; and e. Chain of Custody control. 10. Specific methods of collection and analysis must be identified. Sample collection, storage, and analysis shall be performed according to the most recent version of USEPA Methods, such as the latest editions, as applicable, of: (1)Methods for the WASTE DISCHARGE REQUIREMENTS ORDER NO. -19- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY Analysis of Organics in Water and Wastewater(USEPA 600 Series), (2) Test Methods for Evaluating Solid Waste (SW-846, latest edition), and(3)Methods for Chemical Analysis of Water and Wastes(USEPA 600/4-79-020), and in accordance with the approved Sample Collection and Analysis Plan. 11. If methods other than USEPA-approved methods or Standard Methods are used, the exact methodology shall be submitted for review and approval by the Executive Officer prior to use. 12. The methods of analysis and the detection limits used must be appropriate for the expected concentrations. For the monitoring of any constituent or parameter that is found in concentrations which produce more than 90% non-numerical determinations . (i.e., "trace" or"ND") in data from background monitoring points for that medium, the analytical method having the lowest method detection limit (MDL) shall be selected from among those methods which would provide valid results in light of any matrix effects or interferences. 13. "Trace" results -results falling between the MDL and the practical quantitation limit (PQL) - shall be reported as such, and shall be accompanied both by the estimated MDL and PQL values for that analytical run. 14. MDLs and PQLs shall be derived by the laboratory for each analytical procedure, according to State of California laboratory accreditation procedures. These MDLs and PQLs shall reflect the detection and quantitation capabilities of the specific analytical procedure and equipment used by the lab, rather than simply being quoted from USEPA analytical method manuals. In relatively interference-free water, laboratory-derived MDLs and PQLs are expected to closely agree with published USEPA MDLs and PQLs. 15. If the laboratory suspects that, due to a change in matrix or other effects, the true detection limit or quantitation limit for a particular analytical run differs significantly from the laboratory-derived MDL/PQL values, the results shall be flagged accordingly, along with estimates of the detection limit and quantitation limit actually achieved. The MDL shall always be calculated such that it represents the lowest achievable concentration associated with a 99% reliability of a nonzero result. The PQL shall always be calculated such that it represents the lowest constituent concentration at which a numerical value can be assigned with reasonable certainty that it represents the constituent's actual concentration in the sample. Normally, PQLs should be set equal to the concentration of the lowest standard used to calibrate the analytical procedure. WASTE DISCHARGE REQUIREMENTS ORDER NO. -20- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY ' 16. All QA/QC data shall be reported, along with the sample results to which they apply, including the method, equipment, analytical detection and quantitation limits, the ' . percent recovery, an explanation for any recovery that falls outside the QC limits, the results of equipment and method blanks,the results of spiked and surrogate samples, the frequency of quality control analysis, and the name and qualifications of the person(s) performing the analyses. Sample results shall be reported unadjusted for blank results or spike recoveries. In cases where contaminants are detected in QA/QC samples (i.e., field, trip, or lab blanks), the accompanying sample results shall be appropriately flagged. 17. Unknown chromatographic peaks shall be reported, flagged, and tracked for potential comparison to subsequent unknown peaks that may be observed in future sampling events. Identification of unknown chromatographic peaks that recur in subsequent sampling events may be required. 18. The statistical method shall account for data below the practical quantitation limit - (PQL) with one or more statistical procedures that are protective of human health and the environment. Any PQL validated pursuant to §20415(e)(7) of Title 27 that is used in the statistical method shall be the lowest concentration (or value) that can be reliably achieved within limits of precision and accuracy specified in the WDRs for routine laboratory operating conditions that are available to the facility. The Discharger's technical report, pursuant to §20415(e)(7) of Title 27, shall consider the PQLs listed in Appendix IX to Chapter 14 of Division 4.5 of Title 22, California Code of Regulations, for guidance when specifying limits of precision and accuracy. For any given constituent monitored at a background or downgradient monitoring point, an indication that falls between the MDL and the PQL for that constituent (hereinafter called a"trace" detection) shall be identified and used in appropriate statistical or non-statistical tests. Nevertheless, for a statistical method that is compatible with the proportion of censored data(trace and ND indications)in the data set, the Discharger can use the laboratory's concentration estimates in the trace range (if available) for statistical analysis, in order to increase the statistical power by decreasing the number of"ties". 19. The Discharger may propose an alternate statistical method [to the methods listed 'under 27 CCR §20415(e)(8)(A-D)J in accordance with §20415(e)(8)(E) of Title 27, for review.and approval by the Executive Officer. Upon receiving written approval from the Executive Officer, alternate statistical procedures may be used for determining the significance of analytical results for common laboratory contaminants (i.e., methylene chloride, acetone, diethylhexyl phthalate, and di-n-octyl phthalate). Nevertheless, analytical results involving detection of these analytes in any background or downgradient sample shall be reported and flagged for easy reference by Regional Board staff. WASTE DISCHARGE REQUIREMENTS ORDER NO. -21- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY '20. The Discharger shall use the following non-statistical method for the VOC,,,ater and VOCSPg (soil Pare Gas)Monitoring Parameters and for all Constituents of Concern that are not amenable to the statistical tests above (i.e., less than 10% of the data from background samples that equal or exceed their respective MDL). Each qualifying constituent at a monitoring point shall be determined based on either: , a. The data from a single sample for that constituent, taken during that reporting period from that monitoring point; or b. The data from the sample which contains the largest number of qualifying constituents, where several independent samples have been analyzed for that constituent at a given monitoring point. Background for water samples or-soil-pore gas samples shall be represented by the data from all samples taken from applicable background monitoring points during that reporting period (at least one sample from each background monitoring point). The Discharger may propose an alternate statistical method [to the methods listed under 27 CCR §20415(e)(8)(A-D)] in accordance with §20415(e)(8)(E) of Title 27, for review and approval by the Executive Officer. 21. The method shall be implemented as follows: a. For the Volatile Organic Compounds Monitoring Parameter For Water Samples [VOCwaterl: For any given monitoring point, the VOCH,ater Monitoring Parameter is a composite parameter addressing all "qualifying VOCs" (in this case, VOCs that are detected in less than 10% of background samples). The Discharger shall conduct verification testing to determine whether a release of VOC,,,ater Monitoring Parameter has occurred if the data for any monitoring point meets either of the following triggering conditions: 1. The data contains two or more qualifying VOCs that equal or exceed their respective MDLs; or 2. The data contains one qualifying VOC that equals or exceeds its PQL. b. For the Volatile Organic Compounds Monitoring Parameter For Soil Pore Gas Samples[VOCspgj: the VOCspg Monitoring Parameter is a composite parameter for soil pore gas addressing all "qualifying VOCs".detectable using either GC or GC/MS analysis for at least a ten liter sample of soil pore gas (e.g., collected in a " vacuum canister). It involves the same scope of VOCs as does the VOCWater Monitoring Parameter. For the VOCspg test, "qualifying VOCs"consist of all WASTE DISCHARGE REQUIREMENTS ORDER NO. -22- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY those VOCs which are detectable in less than 10% of background soil pore gas samples.. The Discharger shall conduct verification testing to determine whether a release of VOCspg Monitoring Parameter has occurred if the data for any monitoring point meets either of the following triggering conditions: 1. The data contains two or more qualifying VOCs that equal or exceed their respective MDLs; or 2. The data contains one qualifying VOC that equals or exceeds its PQL. c. For Constituents of Concern: For five-yearly testing of all Constituents of Concern (COCs), the "qualifying constituents" consist of COCs that are detected in less than 10% of applicable background samples. The Discharger shall conduct verification testing to determine whether a release of COCs has occurred if the data for any monitoring point meets either of the following triggering conditions: 1. The data contains two or more qualifying constituents that equal or exceed their respective MDLs; or 2. The data contains one qualifying constituent that equals or exceeds its PQL. 22. Non-Statistical Method Retest. A non-statistical test method may be used by the Discharger to analyze the monitoring data for which it is impractical to conduct a statistical analysis. A non-statistical test method shall include a procedure to verify that there is "measurably significant"evidence of a release from the Unit. For the VOCwaten VOCspg, and non-statistical COC test, the Discharger shall use a discrete retest consisting of two new samples from each indicating monitoring point. The Discharger shall conduct the retest for the standard non-statistical method as follows: a. For VOCwater and VOCspg. Because the VOC composite Monitoring Parameter (for water or soil pore gas) is a single parameter which addresses an entire family of constituents likely to be present in any landfill release, the scope of the laboratory analysis for each of the two retest samples shall include all VOCs detectable in that retest sample. Therefore, a confirming retest, in accordance with Detection Monitoring Specification E.21.a. and b., above, for either triggering condition in either of the two retest samples, shall have validated the original indication even if the detected constituents in the confirming retest sample(s)differs from those detected in the sample which initiated the retest. WASTE DISCHARGE REQUIREMENTS ORDER NO. -23- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY ` b. For Constituents of Concern. Because all Constituents of Concern that are jointly addressed in the non-statistical test above, remain as individual Constituents of Concern, the scope of the laboratory analysis for the non- statistical retest of Constituents of Concern shall'address only those constituents detected in the sample which initiated the retest. Therefore, the list of"qualifying constituents" for use in the retest, under Detection Monitoring Specification E.21.c., shall consist of those constituents which provided the original indication at that monitoring.point. If the retest meets either triggering condition in either of the two retest samples, the retest shall have validated the original indication. 23. Response to Detection in Background of VOCs (or any other constituent which is not naturally in the background and thus is not amenable to statistical analysis): a. Any time the laboratory analysis of a sample from a background monitoring point, sampled for VOCs, shows either: 1. Two or more VOCs at or above their respective MDL; or 2. One VOC at or above its respective PQL. Then the Discharger shall: a. Immediately notify the Regional Board by phone; b. Follow up with written notification by certified mail within seven days; c. Obtain two new independent VOC samples from that background monitoring point; and d. Send such samples for laboratoryanalysis of all detectable VOCs within thirty days. b. If either or both the new samples validates the presence of VOC(s), using the above criteria, the Discharger shall: 1. Immediately notify the Regional Board about the VOC(s) verified to be present at that background monitoring point, and follow up with written notification submitted by certified mail within seven days of validation; and 2. If the Discharger believes that the VOC(s) in background is from a source other than the Unit, then: WASTE DISCHARGE REQUIREMENTS ORDER NO. -24- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY a. Within seven days of determining "measurably significant" evidence of a- release, submit to the Regional Board by certified mail a Notification of . Intent to make such a demonstration pursuant to §20420(k)(7) of Title 27; and b. Within 90 days of determining"measurably significant" evidence of a release, submit a report to the Regional Board that demonstrates that a source other than the Unit caused the evidence, or that the evidence resulted from error in sampling, analysis or evaluation, or from natural variation in groundwater, surface water, or the unsaturated zone. c. If the Executive Officer determines, after reviewing the submitted report(s), that the VOC(s) detected originated from a source other than the Unit(s), the Executive Officer will make appropriate changes to the monitoring program. 24. If the Executive Officer determines, after reviewing the submitted report, that the detected VOC(s) most likely originated from the Unit(s), the Discharger shall immediately implement the requirements of Item M. Response To A Release, Section C. Release Has Been Verified, contained in the Standard Provisions and Reporting Requirements. I. CORRECTIVE ACTION PROGRAM 1. The Discharger shall implement a Corrective Action Program as specified in Section 20430 of Title 27. That program shall remediate releases from the Unit and- achieve compliance with the water quality protection standards which consist of background concentrations of the constituents of concern. 2. The Corrective Action Program is scheduled to occur in phases over the course of four years to allow for construction of Module 4 and use of the unlined modules during seasonal dry periods (May through November). However, the unlined modules will be used during seasonal,wet periods until Module 4 is ready to receive waste.. During this period, use of interim cover on the top deck and side slopes will be maximized. The cap will be constructed over the five-year period leading to complete closure of Modules 1, 2, 3, and 3A by 2006. The compliance date for closure of Module 2 is 15 October 2002. The compliance date for closure of Module 1 is 15 October 2003. Modules 3 and 3A shall be closed by 15 October 2006. 3. Completed landfill Modules 1, 2, 3, and 3A will be covered with a final cap to minimize water infiltration. The conceptual final cover design consists of: a minimum 1-foot thick foundation layer, which will be placed as intermediate cover during landfill operations, a minimum 1-foot thick low permeability layer WASTE DISCHARGE REQUIREMENTS ORDER NO. -25- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY (1x10-5 cm/sec or less), a geomembrane (40-mil HDPE), and a minimum 1-foot thick vegetative layer. The proposed design for the cap system will be submitted to the Regional Board for approval prior to installation. 4. Closure actions shall not take place without submittal and approval of detailed plans and specifications, including a Construction Quality Assurance/Construction Quality Control Plan. J. CORRECTIVE ACTION MONITORING 1. The Corrective Action Monitoring Program shall be used to assess the nature and extent of the release from the landfill and to evaluate the effectiveness of the corrective action program and the landfill cover. 2. In accordance with the Corrective Action Monitoring Program, the Discharger shall collect and analyze all data necessary to assess the effectiveness of the Corrective Action in reducing the impacts of the release on groundwater quality. A sufficient number of down gradient monitoring wells will need to be installed.to delineate the release. 3. The Discharger shall comply with the monitoring provisions for the Corrective Action Program as described in Section 20430(d) of Title 27. The program shall include the detection monitoring requirements as well as an annual report evaluating the ground water and unsaturated data of the past year(s) in an effort to demonstrate the effectiveness of the CAP. K. REPORTING REQUIREMENTS 1. In the event the Discharger does.not comply or will be unable to comply with any prohibition or limitation of this Order for any reason,the Discharger shall notify the appropriate Regional Board office by telephone as soon as it or its agents have knowledge of such noncompliance or potential for noncompliance, and shall confirm this notification in writing within two weeks. The written notification shall state the nature, time, and cause of noncompliance, and shall describe the measures being taken to prevent recurrences and shall include a timetable for corrective actions. 2. The Discharger shall retain records of all monitoring information, including all calibration and maintenance records, all.original strip chart recordings of continuous monitoring instrumentation,copies of all reports required by this Order, and records of all data used to complete the application for this Order. Records shall be maintained throughout the life of the facility including the postclosure period. Such legible records shall show the following for each sample: WASTE DISCHARGE REQUIREMENTS ORDER NO. -26- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY a. Sample identification and the monitoring point or background monitoring point from which it was taken, along with'the identity of the individual who obtained the sample; b. Date, time, and manner of sampling; c. Date and time that analyses were started and completed, and the name of the personnel and laboratory performing each analysis; d. Complete procedure used, including method of preserving the sample, and the identity and volumes of reagents used; e. Calculation of results; and f. Results of analyses; and the MDL and PQL for each analysis. 3. 'A transmittal letter explaining the essential points shall accompany each report. At a minimum, the transmittal letter shall identify any violations found since the last report was submitted, and if the violations were corrected. If no violations have occurred since the last submittal, this shall be stated in the transmittal letter. The transmittal letter shall also state that a discussion of any violations found since the last report was submitted, and a description of the actions taken or planned for correcting those violations, including any references to previously submitted time schedules, is contained in the accompanying report. 4. Each monitoring report shall include a compliance evaluation summary. The summary shall contain at least: a. For each monitoring point and background monitoring point addressed by the report a description of: 1. The time of water level measurement; 2. 'The type of pump -or other device - used for purging and the elevation of the pump intake relative to the elevation of the screened interval; 3. The method of purging(the pumping rate; the equipment and methods used to monitor field pH, temperature, and conductivity during purging; the calibration of the field-equipment; results of the pH, temperature, conductivity, and turbidity testing; and the method of disposing of the purge water) to remove all portions of the water that was in the well bore while the sample was being taken; WASTE DISCHARGE REQUIREMENTS ORDER NO. -27- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY 4. The type of pump - or other device - used for sampling, if different than the pump or device used for.purging; and 5. A statement that the sampling procedure was conducted in accordance with the approved Sampling and Analysis Plan. b. A map or,aerial photograph showing the locations of observation stations, monitoring points, and background monitoring points. c. For each groundwater body, a description and graphical presentation of the gradient and direction of groundwater flow under/around the Unit, and the groundwater flow rate, based upon water level elevations taken prior to the collection of the water quality data submitted in the report. d. Laboratory statements of results of all analyses evaluating compliance with requirements. e. An evaluation of the effectiveness of the leachate monitoring and control facilities, and of the run-off/run-on control facilities. f. A summary and certification of completion of all Standard Observations for the Unit(s), for the perimeter of the Unit, and for the receiving waters. The Standard Observations shall include: 1. For the Unit: a. Evidence of ponded water at any point on the facility(show affected area on map); b. Evidence of odors - presence or absence, characterization, source, and distance of travel from source; and C. Evidence of erosion and/or of day-lighted refuse. 2. Along the perimeter of the Unit: a. Evidence of liquid leaving or entering the Unit, estimated size of affected area, and flow rate (show affected area on map); b. Evidence of odors - presence or absence, characterization, source, and distance of travel from source; and C. Evidence of erosion and/or of day-lighted refuse. WASTE DISCHARGE REQUIREMENTS ORDER NO. -28- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY 3. For receiving waters: a. Floating and suspended materials of waste origin - presence or absence, source, and size of affected area; b. Discoloration and turbidity- description of color, source, and size of affected area; c. Evidence of odors -presence or absence,characterization, source, and distance of travel from source; d. Evidence of water uses -presence of water-associated wildlife; e. Flow rate; and f. Weather conditions - wind direction and estimated velocity, total precipitation during recent days and on the day of observation. g. The quantity and types of wastes discharged and the locations in the Unit where waste has been placed since submittal of the last such report. 5. The Discharger shall report by telephone any seepage from the disposal area immediately after it is discovered. A written report shall be filed with the Regional Board within seven days, containing at least the following information: a. A map showing the location(s) of seepage; b. An estimate of the flow rate; c. A description of the nature of the discharge (e.g., all pertinent observations and analyses); d. Verification that samples have been submitted for analyses of the Constituents of Concern and Monitoring Parameters, and an estimated date that the results will be submitted to the Regional Board; and e. Corrective measures underway or proposed, and corresponding time schedule. 6. The Discharger shall submit an Annual Monitoring Summary Report to the Regional Board covering the reporting period of the previous monitoring year. This report shall contain: a. All monitoring parameters and constituents of concern shall be graphed so as to. show historical trends at each monitoring point and background monitoring point, WASTE DISCHARGE REQUIREMENTS ORDER NO. -29- BUTTE COUNTY. NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS H SURFACE IMPOUNDMENTS BUTTE COUNTY for all samples taken within at least the previous five calendar years. Each such graph shall plot the concentration of one or more constituents for the period of record for a given monitoring point or background monitoring point, at a scale appropriate to show trends or variations in water quality. The graphs shall plot each datum, rather than plotting mean values. For any given constituent or parameter, the scale for background plots shall be the same as that used to plot downgradient data. Graphical analysis of monitoring data may be used to provide significant evidence of a release. b.- Unless otherwise exempted by the Executive Officer, all monitoring analytical data obtained during the previous two six-month reporting periods, shall be submitted in tabular form as well as in a digital file format acceptable to the Executive Officer. The Regional Board regards the submittal of data in hard copy and in digital format as "...the form necessary for..." statistical analysis [§20420(h)], in that this facilitates periodic review by the Regional Board. c. A comprehensive discussion of the compliance record, and the result of any corrective actions taken or planned which may be needed to bring the Discharger into full compliance with the Waste Discharge Requirements. d. A map showing the area and elevations in which filling has been completed during the previous calendar year and a comparison to final closure design contours. e.. A written summary of the monitoring results, indicating any changes made or observed since the previous annual report. f. An evaluation of the effectiveness of the leachate monitoring/control facilities. L. PROVISIONS 1. The Discharger shall comply with Monitoring and Reporting Program No. _, which is incorporated into and made part of this Order. . 2. The Discharger shall maintain a copy of this Order at the facility and make it available at all times to facility operating personnel, who shall be familiar with its contents, and to regulatory agency personnel. 3. The Discharger shall comply with all applicable provisions of Title 27 and 40 Code of Federal Regulations Part 258 (Subtitle D) that are not specifically referred to in this Order. WASTE DISCHARGE REQUIREMENTS ORDER NO. -307 BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE RAPOUNDMENTS BUTTE COUNTY 4. The Discharger shall comply with the applicable portions of the Standard Provisions and Reporting Requirements for Waste Discharge Requirements for Nonhazardous Solid Waste Discharges Regulated by Title 27 and/or Subtitle D (27 CCR §20005 et seq. and 40 CFR 258 et seq.), dated April 2000,which are hereby incorporated into this Order. 5. All reports and transmittal letters shall be signed by persons identified below: a. For a corporation: by a principal executive officer of at least the level of senior vice-president. b. For a partnership or sole proprietorship: by a general partner or the proprietor. c. For a municipality, state, federal or other public agency: by either a principal executive officer or ranking elected or appointed official. d. A duly authorized representative of a person designated in a, b or c above if; 1. The authorization is made in writing by a person described in a, b, or c of this Provision; 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a Unit, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and 3. The written authorization is submitted to the Regional Board. e. Any person signing a document under this Section shall make the following certification: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." 6. The Discharger shall take all reasonable steps to minimize any adverse impact to the waters of the State resulting from noncompliance with this Order. Such steps shall WASTE DISCHARGE REQUIREMENTS ORDER NO. -31- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY include accelerated or additional monitoring as necessary to determine the nature, extent, and impact of the noncompliance. ' 7. The owner of the facility shall have the continuing responsibility to assure protection of waters of the state from discharged wastes and from gases and leachate generated by discharged waste during the active life, closure, and postclosure maintenance period of the Unit(s) and during subsequent use of the property for other purposes. 8. The fact that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with this Order shall not be regarded as a defense for the Discharger's violations of the Order. 9. To assume ownership or operation under this Order, the succeeding owner or operator must apply in writing to the Regional Board requesting transfer of the Order within 14 days of assuming ownership or operation of this facility. The request must contain. the requesting entity's full legal name, the State of incorporation if a corporation, the name and address and telephone number of the persons responsible for contact with the Regional Board, and a statement. The statement shall comply with the signatory requirements contained in Provision L.5 and state that the new owner or operator assumes full responsibility for compliance with this Order. Failure to submit the request shall be considered a discharge without requirements, a violation of the California Water Code. Transfer of this Order shall be approved or disapproved by the Regional Board. 10. The Discharger shall conduct an annual review of the financial assurance for initiating and completing corrective action, and submit a report for Executive Officer review and approval. The assurances of financial responsibility shall provide that funds for corrective action shall be available to the Regional Board upon the issuance of any order under California Water Code,Division 7, Chapter 5. The Discharger shall adjust the cost annually to account for inflation and any changes in facility design, construction, or operation. 11. The Discharger shall conduct an annual review of the financial assurance for closure and postclosure maintenance, and submit a report for Executive Officer review and approval. The assurances of financial responsibility shall provide that funds for closure and postclosure maintenance shall be available to the Regional Board upon the issuance of any order under California Water Code,Division 7, Chapter 5. The Discharger shall adjust the cost annually to account for inflation and any changes in facility design, construction, or operation. 12. The Discharger is required to maintain financial assurance mechanisms for closure and post closure maintenance costs as specified in Chapter 6 of Title 27. The WASTE DISCHARGE REQUIREMENTS ORDER NO. -32- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY Discharger is required to submit the financial assurance mechanism to the Financial Assurances Section of the California Integrated Waste Management, which determines if the mechanism meets the requirements of Chapter 6,Title 27, and if the amount of coverage is adequate. • 13. The Discharger shall complete the tasks contained in these Waste Discharge Requirements in accordance with the following time schedule: TASK COMPLIANCE DATE A. Construction Plans Submit construction and design plans One month prior to for Executive Officer review-and approval. construction (see General Construction Specification D.1 P ) B: Construction Report Submit a construction report upon completion Prior to discharge demonstrating construction was in accordance with approved construction plans for Executive Officer review and approval. (see General Construction Specification D.6) C. Corrective Action Plans and specifications for closure shall be submitted to the Regional Board one month prior to closure activities. The landfill shall be closed and the final cover completed according to the following schedule: Task Compliance Date Closure of Module 2 15 October 2002 Closure of Module 1 15 October 2003 Closure of Module 3 and 3A 15 October 2006 D. Sample Collection and Analysis Plan A Sample Collection and Analysis Plan shall be submitted to the Regional Board. by 31 October 2002. (see Detection Monitoring Specification H.9) ' k WASTE DISCHARGE REQUIREMENTS ORDER NO. -33- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IIVIPOUNDMENTS BUTTE COUNTY I, Thomas R. Pinkos, Acting Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Central Valley Region, on THOMAS R. PHOS, Acting Executive Officer KB:klc: CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION MONITORING AND REPORTING PROGRAM NO. BUTTE COUNTY NEAL ROAD.CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY Compliance with this Monitoring and Reporting Program, with Title 27, California Code of Regulations, Section 20005, et seq. (hereafter Title 27), and with the Standard Provisions and Reporting Requirements for Waste Discharge Requirements for Nonhazardous Solid Waste Discharges Regulated by Title 27 and/or Subtitle D(27 CCR§20005 et seq. and 40 CFR 258)1 dated April 2000, is ordered by Waste Discharge Requirements.(WDR) Order No. A. REQUIRED MONITORING REPORTS REPORT DUE 1. Annual Monitoring and Corrective Action Summary Report Annually (WDR Order No. ,Reporting Requirement K.6) 2. Groundwater Monitoring See Table I (Monitoring and Reporting Program No. ,Section D.1) 3. Unsaturated Zone Monitoring See Table II . (Monitoring and Reporting Program No. , Section D.2) 4. Leachate Monitoring See Table III (Monitoring and Reporting Program No. ,Section D.3) 5. Surface Water Monitoring See Table IV (Monitoring and Reporting Program No. , Section DA) 6. Facility Monitoring As necessary (Monitoring and Reporting Program No. ,Section D.5) 7. Response to a Release As necessary (Standard Provisions and Reporting Requirements, Section XI) B. -REPORTING The Discharger shall report monitoring data and information as required in this Monitoring and Reporting Program, in WDR Order No. and in the Standard Provisions and Reporting Requirements. Reports which do not comply with the required MONITORING AND REPORTING PROGRAM NO. -2- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY format will be REJECTED and the Discharger shall be deemed to be in noncompliance with the Waste-Discharge Requirements. In reporting the monitoring data required by this program, the Discharger shall arrange the data in tabular form so that the date, the constituents, the concentrations, and the units are readily discernible. The data shall be summarized in such a manner so as to illustrate clearly the compliance with Waste Discharge Requirements or the lack thereof. Data shall also be submitted in a digital format acceptable to the Executive Officer. Each monitoring report shall include a compliance evaluation summary as specified in WDR Order No. , Reporting Requirement K.4. Field and laboratory tests shall be reported in each monitoring report. Monthly, quarterly, semiannual, and annual monitoring reports shall be submitted to the Regional Board in accordance with the following schedule for the calendar period in which samples were taken or observations made. SAMPLING REPORTING REPORTING REPORT FREQUENCY FREQUENCY PERIODS END DATE DUE Monthly Quarterly Last Day of Month by Semiannual Schedule Quarterly Quarterly 31 March 30 April 30 June 31 July 30 September 31 October 31 December 31 January Semiannually Semiannually 30 June 31 July 31 December 31 January Annually Annually 31 December 31 January The Discharger shall submit an Annual Monitoring Summary Report to the Regional Board covering the previous monitoring year. The annual report shall contain the information specified in WDR Order No. ,Reporting Requirement K.6, and a discussion of compliance with the Waste Discharge Requirements and the Water Quality Protection Standard. The results of all monitoring conducted at the facility shall reported to the Regional Board in accordance with the reporting schedule above for the calendar period in which samples were taken or observations made. 1 MONITORING AND REPORTING PROGRAM NO. _3_ BUTTE COUNTY NEAL ROAD MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY C. WATER QUALITY PROTECTION STANDARD AND COMPLIANCE PERIOD 1. Water Quality Protection Standard Report For each waste management unit (Unit), the Water Quality Protection Standard shall consist of all constituents of concern, the concentration limit for each constituent of concern, the point of compliance, and all water quality monitoring points. The Water Quality Protection Standard for naturally occurring waste constituents consists of the constituents of concern, the concentration limits, and the point of compliance and all monitoring points. The Executive Officer shall review and approve the Water Quality Protection Standard, or any modification thereto, for each monitored medium. The report shall: a. Identify all distinct bodies of surface and ground water that could be affected in the event of a release from a Unit or portion of a Unit. This list shall include at least the uppermost aquifer and any permanent or ephemeral zones of perched groundwater underlying the facility. b. Include a map showing the monitoring points and background monitoring points for the surface water monitoring program, groundwater monitoring program, and the unsaturated zone monitoring program. The map shall include the point of compliance in accordance with §20405 of Title 27. C. Evaluate the perennial direction(s) of groundwater movement within the uppermost groundwater zone(s). If subsequent sampling of the background monitoring point(s) indicates significant water quality changes due to either seasonal fluctuations or other reasons unrelated to waste management activities at the facility, the Discharger may request modification of the Water Quality Protection Standard. 2. Constituents of Concern The constituents of concern include all the waste constituents, their reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in the Unit. The constituents of concern for all Units at the facility are those listed in Tables I through IV for the specified monitored medium, and Table VI. The Discharger shall monitor all constituents MONITORING AND REPORTING PROGRAM NO. 4- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY of concern every five years, or more frequently as required in accordance with a t Corrective Action Program. a. Monitoring Parameters Monitoring parameters are constituents of concern that are the waste constituents, reaction products, hazardous constituents, and physical parameters that provide a reliable indication of a release from a Unit. The monitoring parameters for all Units are those listed in Tables I through V for the specified monitored medium. 3. Concentration Limits For a naturally occurring constituent of concern, the concentration limit for each constituent of concern shall be determined as follows: a. By calculation in accordance with a statistical method pursuant to §20415 of Title 27; or b. By an alternate statistical method acceptable to the Executive Officer in accordance with §20415 of Title 27. (Theestablished concentration limits for naturally occurring constituents of concern are listed in Table VI.j • 4. Point of Compliance The point of compliance for the water standard at each Unit is a vertical surface located at the hydraulically downgradient limit of the Unit that extends through the uppermost aquifer underlying the Unit. 5. Compliance Period The compliance period for each Unit shall be the number of years equal to the . active life of the Unit plus.the closure'period. The compliance period is the minimum period during which the Discharger shall conduct a water quality monitoring program subsequent to a release from the Unit. The compliance period shall begin anew each time the Discharger initiates an evaluation monitoring program. MONITORING AND REPORTING PROGRAM NO. _5_ BUTTE COUNTY NEAL ROAD MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY D. MONITORING The Discharger shall comply with the Detection Monitoring Program and Corrective Action Monitoring Provisions of Title 27 for groundwater, surface water, and the unsaturated zone, in accordance with Detection Monitoring Specifications and Corrective Action Monitoring Specifications of Waste Discharge Requirements, Order No. All monitoring shall be conducted in accordance with a Sample Collection and Analysis Plan, which includes quality assurance/quality control standards, that is acceptable to the Executive Officer. All point of compliance monitoring wells established for the detection monitoring program shall constitute the monitoring points for the groundwater Water Quality Protection Standard. All detection and evaluation monitoring program groundwater monitoring wells, unsaturated zone monitoring devices, leachate, and surface water monitoring points shall be sampled and analyzed for monitoring parameters and constituents of concern as indicated and listed in Tables I through IV. Method detection limits and practical quantitation limits shall be reported. All peaks shall be reported, including those that cannot be quantified and/or specifically identified. Metals shall be analyzed in accordance with the methods listed in Table VI. The Discharger may, with the approval of the Executive Officer, use alternative analytical test methods, including new USEPA approved methods, provided the methods have method detection limits equal to or lower than the analytical methods specified in this. Monitoring and Reporting Program. 1. Groundwater The Discharger shall operate and maintain a groundwater detection monitoring system and groundwater evaluation monitoring program that complies with the applicable provisions of§20415 and §20420 of Title 27 in accordance with a Detection Monitoring Program approved by the Executive Officer. The Discharger shall collect, preserve, and transport groundwater samples in accordance with the approved Sample Collection and Analysis Plan. The Discharger shall determine the groundwater flow rate and direction in the uppermost aquifer and in any zones of perched water and in any additional zone of saturation monitored pursuant to this Monitoring and Reporting Program, and report the results semiannually, including the times of highest and lowest elevations of the water levels in the wells. Hydrographs of each well shall be submitted showing the elevation of groundwater with respect to the elevations of the top and bottom of the screened MONITORING AND REPORTING PROGRAM NO. -6- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY interval and the.elevation of the pump intake. Hydrographs of each well shall be prepared quarterly and submitted annually. Groundwater samples shall be collected from the point-of-compliance wells, background wells, and any additional wells added as part of the approved groundwater monitoring system. Samples shall be collected and analyzed for the monitoring parameters in accordance with the methods and frequency specified in Table I. The groundwater monitoring network currently consists of"background" monitoring well MW-4 and MW-12, and downgradient monitoring wells MW-1, MW-2, MW-6, MW-7, MW-8a and 8b, MW-9, MW-10, and MW-11. MW-3 is located at the gate entrance to the landfill, cross gradient of the active areas and MW-5 has been decommissioned. Monitoring well locations are shown on Attachment B. The existing monitoring wells are located in the new expansion area with the exception of MW-4 and MW-12. The decommissioning of these wells and the construction of five additional monitoring wells is proposed in the expanded Evaluation Monitoring Program. Four of the new wells will be located downgradient from the landfill site. The monitoring parameters shall also be evaluated each reporting period with regards to the cation/anion balance, and the results shall be graphically presented , using a Stiff diagram, a Piper graph, or a Schueller plot. Samples for the constituents of concern specified in Table I shall be collected and analyzed in accordance with the methods listed in Table VI every five years. 2. Unsaturated Zone Monitoring The Discharger shall operate and maintain an unsaturated zone Evaluation Monitoring System and Detection monitoring system that complies with the applicable provisions of§20415 and §20420 of Title 27 in accordance with a Detection Monitoring Plan approved by the Executive Officer. The Discharger shall collect, preserve, and transport samples in accordance with the quality assurance/quality control standards contained in the approved Sample Collection and Analysis Plan. Unsaturated zone samples shall be collected from the monitoring devices and background monitoring devices of the approved unsaturated zone monitoring system. The collected samples shall be analyzed for the listed constituents in accordance with the methods and frequency specified in Table II. All monitoring parameters shall be graphed so as to show historical trends at each monitoring point. Samples for the constituents of concern specified in Table II shall be MONITORING AND REPORTING PROGRAM NO. _7- BUTTE COUNTY NEAL ROAD MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY collected and analyzed in accordance with the methods listed in Table VI every five years. Monitoring of the unsaturated zone consists of a network of 11 suction lysimeters shown on Attachment B. Lysimeters U1, U2, U3, and U4 are located in the active areas of the landfill. Lysimeters U1 and U2 will be abandoned to allow for the construction of Module 4. U5 is the designated"background"point and is located near the landfill entrance. U6 is located beneath the leachate collection pond. Lysimeters U7, U8, U9, UIOL, and U10S are placed beneath the septage pond and/or septage supernatant pond. Unsaturated zone monitoring reports shall be included with the corresponding semiannual groundwater monitoring and shall include an evaluation of potential impacts of the facility on the unsaturated zone and compliance with the Water Quality Protection Standard. 3. Leachate Monitoring All leachate collection and removal system sumps shall be inspected weekly for leachate generation. Upon detection of leachate in a previously dry leachate collection and removal system, leachate shall be sampled immediately and analyzed for the constituents listed in Table III. Leachate shall then be sampled and analyzed annually during the fourth quarter thereafter, with a retest during the following second quarter if constituents are detected that have not been previously detected. Leachate samples shall be collected and analyzed for the listed constituents in accordance with the methods and frequency specified in Table III. The constituents'of concern list shall include all constituents listed in Table VI. The quantity of leachate pumped from each sump shall be measured and reported monthly as Leachate Flow Rate (in gallons). Leachate that seeps to the surface from the Unit shall be sampled and analyzed for the constituents listed in Table III upon detection. The quantity of leachate shall be estimated and reported as Leachate Flow Rate (in gallons/day). 4. Surface Water Monitoring The Discharger shall install and-operate a surface water detection monitoring system where appropriate that complies with the applicable provisions of§20415 and §20420 of Title 27 and has been approved by the Executive Officer. For all monitoring points and background monitoring points assigned to surface water detection monitoring, samples shall be collected and analyzed for the monitoring parameters in accordance with the methods and frequency specified in .. . .. moi• �• MONITORING AND REPORTING PROGRAM NO. -8- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE RVIPOUNDMENT BUTTE COUNTY Table IV: All surface water monitoring samples shall be collected and analyzed for the constituents of concern specified in Table IV every five years. All monitoring parameters shall be graphed so as to show historical trends at each sample location. 5. Facility Monitoring a. Facility Inspection Annually, prior to the anticipated rainy,season, but no later than 30 September, the Discharger shall conduct an inspection of the facility. The inspection shall assess damage to the drainage control system, groundwater monitoring equipment (including wells, etc.), and shall include the Standard Observations contained in WDR Order No. , Reporting Requirement K.41 Any necessary construction, maintenance, or repairs shall be completed by 31 October. By 15 November of each year, the Discharger shall submit an annual report describing the results of the inspection and the repair measures implemented, including photographs of the problem and the repairs. b. Storm Events The Discharger shall inspect all precipitation, diversion, and drainage facilities for damage within 7 days following major storm events. Necessary repairs shall be completed within 30 days of the inspection. The Discharger shall report any damage and subsequent repairs within 45 days of completion of the repairs, including photographs of the problem and the repairs. The Discharger shall implement the above monitoring program on the effective date of this Order. Ordered by: THOMAS R. PINKOS, Acting Executive Officer F (Date) KB/klc: MONITORING AND REPORTING PROGRAM NO. -9- BUTTE COUNTY NEAL ROAD MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE RVIPOUNDMENT BUTTE COUNTY TABLE I GROUNDWATER DETECTION & CORRECTIVE ACTION MONITORING PROGRAM {PARAMETER UNITS FREQUENCY Field Parameters Groundwater Elevation Ft. &hundredths,M.S.L. Quarterly Temperature oC Quarterly Electrical Conductivity µmhos/cm Quarterly pH pH units Quarterly Turbidity Turbidity units Quarterly Monitoring Parameters Total Dissolved Solids(TDS) mg/L Quarterly Chloride mg/L Quarterly Carbonate mg/L Quarterly Bicarbonate mg/L Quarterly Nitrate -Nitrogen mg/L Quarterly Sulfate mg/L Quarterly Calcium mg/L Quarterly Magnesium mg/L Quarterly Potassium mg/L Quarterly Sodium mg/L Quarterly Volatile Organic Compounds µg/L Semiannual (USEPA Method 8260, see Table V) Constituents of Concern (see Table VI) Total Organic Carbon mg/L 5 years -Inorganics (dissolved) mg/L 5 years Volatile Organic Compounds µg/L 5 years (USEPA Method 8260B,extended list) Semi-Volatile Organic Compounds µg/L 5 years (USEPA Method 8270C) _ Chlorophenoxy Herbicides µg/L 5 years (USEPA Method 8151A) Organophosphorus Compounds µg/L 5 years (USEPA Method 8141A) 70 MONITORING AND REPORTING PROGRAM NO. -10- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY TABLE II UNSATURATED ZONE DETECTION MONITORING PROGRAM SOIL-PORE GAS PARAMETER UNITS FREQUENCY Monitoring Parameters Volatile Organic Compounds µg/cm3 Semiannual (USEPA Method TO-14) Methane % Semiannual PAN LYSIMETERS (or other vadose zone monitoring device) PARAMETER UNITS FREQUENCY Field Parameters Electrical Conductivity µmhos/cm Semiannual pH pH units Semiannual Monitoring Parameters Total Dissolved Solids(TDS) mg/L Semiannual Chloride mg/L Semiannual Carbonate mg/L Semiannual Bicarbonate mg/L Semiannual Nitrate -Nitrogen mg/L Semiannual Sulfate mg/L Semiannual Calcium mg/L Semiannual Magnesium mg/L Semiannual Potassium mg/L Semiannual Sodium mg/L . Semiannual Volatile Organic Compounds µg/L Semiannual (USEPA Method 8260B, see Table V) Constituents of Concern (see Table VI) Total Organic Carbon mg/L 5 years Inorganics (dissolved) mg/L 5 years Volatile Organic Compounds µg/L 5 years (USEPA Method 8260B,extended list) Semi-Volatile Organic Compounds µg/L 5 years (USEPA Method 8270C) Chlorophenoxy Herbicides µg/L . 5 years (USEPA Method 8151A) Organophosphorus Compounds µg/L 5 years (USEPA Method 8141 A) MONITORING AND REPORTING PROGRAM NO. -11- BUTTE COUNTY NEAL ROAD MUNICIPAL SOLID WASTE LANDFILL AND CLASS lI SURFACE IMPOUNDMENT BUTTE COUNTY , TABLE III LEACHATE DETECTION MONITORING PROGRAM PARAMETER UNITS FREQUENCY Field Parameters Total Flow Gallons Monthly Flow Rate Gallons/Day Monthly Electrical Conductivity µmhos/cm Monthly pH pH units Monthly Monitoring Parameters Total Dissolved Solids(TDS) mg/L Annually Chloride m Annually Y Carbonate mg/L Annually Bicarbonate mg/L, Annually Nitrate-Nitrogen mg/L Annually Sulfate mg/L Annually Calcium mg/L Annually Magnesium mg/L Annually Potassium mg/L Annually Sodium mg/L Annually Volatile Organic Compounds µg/L Annually (USEPA Method 8260B, see Table V) Constituents of Concern (see Table VI) Total Organic Carbon mg/L 5 years Inorganics (dissolved) mg/L 5 years Volatile Organic Compounds µg/L 5 years (USEPA Method 826013,extended list) Semi-Volatile Organic Compounds µg/L 5 years (USEPA Method 8270C) Chlorophenoxy Herbicides µg/L 5 years (USEPA Method 8151A) Organophosphorus Compounds " µg/L 5 years (USEPA Method 8141A) MONITORING AND REPORTING PROGRAM NO. -12- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY TABLE IV SURFACE WATER DETECTION MONITORING PROGRAM ' PARAMETER UNITS _ FREQUENCY Field Parameters Temperature oC Semiannual Electrical Conductivity µmhos/cm Semiannual pH pH units Semiannual Turbidity Turbidity units Semiannual Monitoring Parameters Total Dissolved Solids (TDS) mg/L Semiannual Carbonate mg/L Semiannual Bicarbonate mg/L Semiannual Chloride mg/L Semiannual Nitrate-Nitrogen mg/L Semiannual Sulfate mg/L Semiannual Calcium mg/L Semiannual Magnesium mg/L Semiannual Potassium mg/L Semiannual Sodium mg/L Semiannual Volatile Organic Compounds. µg/L Semiannual (USEPA Method 8260B, see Table V) Constituents of Concern (see Table VI) Total Organic Carbon mg/L 5 years Inorganics (dissolved) mg/L 5 years Volatile Organic Compounds µg/L 5 years (USEPA Method 8260B,extended list) Semi-Volatile Organic Compounds AWL 5 years (USEPA Method 8270C) Chlorophenoxy Herbicides µg/L 5.years (USEPA Method 8151A) Organophosphorus Compounds µg/L 5 years (USEPA Method 8141 A) MONITORING AND REPORTING PROGRAM NO. • -13- BUTTE COUNTY ' NEAL ROAD MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE_ IMPOUNDMENT BUTTE COUNTY TABLE V MONITORING PARAMETERS FOR DETECTION MONITORING Surrogates for Metallic Constituents: pH Total Dissolved Solids Electrical Conductivity Chloride Sulfate Nitrate nitrogen Constituents included in VOC: USEPA Method 8260B Acetone Ethanol Acrylonitrile Ethyltertiary butyl ether Benzene Ethylbenzene 4 Bromochloromethane 2-Hexanone(Methyl butyl ketone) Bromodichloi•omethane Hexachlorobutadiene Bromoform(Tribromomethane) Hexachloroethane Carbon disulfide Methyl bromide(Bromomethene) Carbon tetrachloride Methyl chloride(Chloromethane) Chlorobenzene Methylene bromide(Dibromomethane) Chloroethane(Ethyl chloride) Methylene chloride(Dichloromethane) Chloroform(Trichloromethane) Methyl ethyl ketone(MEK: 2-Butanone) Dibromochloromethane Methyl iodide(Iodomethane) (Chlorodibromomethane) Methyl t-butyl ether 1,2-Dibromo-3-chloropropane(DBCP) 4-Methyl-2-pentanone(Methyl 1,2-Dibromoethane (Ethylene dibromide; isobutylketone) EDB) Naphthalene o-Dichlorobenzene(1,2-Dichlorobenzene) Styrene m-Dichlorobenzene(1,3-Dichlorobenzene) Tertiary amyl methyl ether p-Dichlorobenzene(1,4-Dichlorobenzene) Tertiary butyl alcohol trans-l ,4-Dichloro-2-butene 1,1,1,2-Tetrachloroethane Dichlorodifluoromethane(CFC-12) 1,1.2,2-Tetrachloroethane 1,1-Dichloroethane(Ethylidene chloride) Tetrachloroethylene(Tetrachloroethene; 1,2-Dichloroethane(Ethylene dichloride) Perchloroethylene) 1,1 -Dichloroethylene (1,1 Toluene ' Dichloroethene;Vinylidene chloride) 1,2,4-Trichlorobenzene cis- 1,2-Dichloroethylene(cis- 1,1,1-Trichloethane(Methylchloroform) 1,2-Dichloroethene) 1,1,2-Trichloroethane trans-1,2-Dichloroethylene Trichloroethylene(Trichloroethene) (trans-1,2-Dichloroethene) Trichlorofluoromethane(CFC- 11) 1,2-Dichloropropane(Propylene 1,2,3-Trichloropropane dichloride) Vinyl acetate cis- 1,3-Dichloropropene Vinyl chloride r trans- 1,3-Dichloropropene Xylenes _ Di-isopropylether(DIPE) 1 ' 1 • • TABLE VI . CONSTITUENTS OF CONCERN & APPROVED USEPA ANALYTICAL METHODS Inorganics (dissolved): USEPA Method ' Aluminum 6010 Antimony 7041 Barium 6010 - Beryllium 6010 Cadmium 7131A Chromium 6010 Cobalt 6010 Copper 6010 Silver 6010 Tin 6010 Vanadium 6010 Zinc 6010 , Iron 6010 Manganese 6010 ` Arsenic 7062 Lead 7421 Mercury 7470A Nickel 7121 Selenium .7742 Thallium 7841 Cyanide 9010B Sulfide 9030B Volatile Organic Compounds: USEPA Method 8260 Acetone Acetonitrile (Methyl cyanide) Acrolein Acrylonitrile Allyl chloride(3-Chloropropene) Benzene Bromochloromethane(Chlorobromomethane) Bromodichloromethane(Dibromochloromethane) . Bromoform(Tribromomethane) Carbon disulfide Carbon tetrachloride Chlorobenzene Chloroethane(Ethyl chloride) Chloroform(Trichloromethane) Chloroprene Dibromochloromethane(Chlorodibromomethane) MONITORING AND REPORTING PROGRAM NO. -2- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE IMPOUNDMENT ' BUTTE COUNTY a TABLE VI (Continued) CONSTITUENTS OF CONCERN &APPROVED USEPA ANALYTICAL METHODS 1,2-Dibromo-3-chloropropane(DBCP) 1,2-Dibromoethane(Ethylene dibromide;EDB) o-Dichlorobenzene(1,2-Dichlorobenzene) m-Dichlorobenzene (1,3-Dichlorobenzene) p-Dichlorobenzene(1,4-Dichlorobenzene) trans- 1,4-Dichloro-2-butene Dichlorodifluoromethane(CFC 12) 1,1 -Dichloroethane(Ethylidene chloride) 1,2-Dichloroethane(Ethylene dichloride) 1,1 -Dichloroethylene(1,1-Dichloroethene;Vinylidene chloride) cis- 1 ,2-Dichloroethylene(cis- 1,2-Dichloroethene) trans-l,2-Dichloroethylene(trans- 1,2-Dichloroethene) 1,2-Dichloropr6pane(Propylene dichloride) 1,3-Dichloropropane(Trimethylene dichloride) 2,2-Dichloropropane(Isopropylidene chloride) 1,1 -Dichloropropene cis- 1,3-Dichloropropene trans- l ,3-Dichloropropene Di-isopropylether(DIPE) Ethanol Ethyltertiary butyl ether Ethylbenzene Ethyl methacrylate Hexachlorobutadiene Hexachloroethane ` r 2-Hexanone (Methyl butyl ketone) Isobutyl alcohol Methacrylonitrile Methyl bromide(Bromomethane) Methyl chloride(Chloromethane) Methyl ethyl ketone(MEK; 2-Butanone) Methyl iodide(Iodomethane) Methyl t-butyl ether Methyl methacrylate 4-Methyl-2-pentanone(Methyl isobutyl ketone) Methylene bromide(Dibromomethane) Methylene chloride(Dichloromethane) Naphthalene Propionitrile(Ethyl cyanide) Styrene Tertiary amyl methyl ether Tertiary butyl alcohol 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethylene(Tetrachloroethene;Perchloroethylene;PCE) Toluene MONITORING AND REPORTING PROGRAM NO. -3- BUTTE COUNTY NEAL ROAD MUNICIPAL SOLID WASTE LANDFILL AND CLASS H SURFACE IMPOUNDMENT BUTTE COUNTY TABLE VI (Continued) CONSTITUENTS OF CONCERN & APPROVED USEPA ANALYTICAL METHODS 1,2,4-Trichlorobenzene 1,1,1 -Trichloroethane,Methylchloroform 1,1,2-Trichloroethane Trichloroethylene(Trichloroethene;TCE) Trichlorofluoromethane(CFC- 11) 1,2,3-Trichloropropane Vinyl acetate Vinyl chloride(Chloroethene) Xylene(total) _ Semi-Volatile Organic Compounds: USEPA Method 8270 - base, neutral, & acid extractables Acenaphthene Acenaphthylene Acetophenone 2-Acetylaminofluorene(2-AAF) Aldrin 4-Aminobiphenyl Anthracene ' Benzo[a]anthracene(Benzanthracene) Benzo[b]fluoranthene Benzo[k]fluoranthene Benzo[g,h,i]perylene Benzo[a]pyrene Benzyl alcohol Bis(2-ethylhexyl)phthalate alpha-BHC beta-BHC delta-BHC gamma-BHC(Lindane) B is(2-chloroethoxy)methane Bis(2-chloroethyl)ether(Dichloroethyl ether) Bis(2-chloro-l-methyethyl)ether(Bis(2-chloroisopropyl)ether; DC1P) 4-Bromophenyl phenyl ether Butyl benzyl phthalate(Benzyl butyl phthalate) Chlordane p-Chloroaniline Chlorobenzilate p-Chloro-m-cresol (4-Chloro-3-methylphenol) 2-Chloronaphthalene 2-Chlorophenol 4-Chlorophenyl phenyl ether Chrysene o-Cresol(2-methylphenol) m-Cresol(3-methylphenol) MONITORING AND REPORTING PROGRAM NO. -4- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL:FACILITY AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY TABLE VI (Continued) CONSTITUENTS OF CONCERN & APPROVED USEPA ANALYTICAL METHODS p-Cresol (4-methylphenol) 4,4'-DDD 4,4'-DDE 4,4'-DDT Diallate Dibenz[a,h]anthracene Dibenzofuran Di-n-butyl phthalate 3,3'-Dichlorobenzidine 2,4-Dichlorophenol 2,6-Dichlorophenol Dieldrin Diethyl phthalate p-(Dimethylamino)azobenzene 7,12-Dimethylbenz[a]anthracene r 3,3'-Dimethylbenzidine 2,4-Dimehtylphenol (m-Xylenol) Dimethyl phthalate m-Dinitrobenzene 4,6-Dinitro-o-cresol(4,6-Dinitro-2-methylphenol) 2,4-Dinitrophenol 2,4-Dinitrotoluene r 2,6-Dinitrotoluene Di-n-octyl phthalate Diphenylamine Endosulfan I Endosulfan II Endosulfan sulfate Endrin Endrin aldehyde Ethyl methanesulfonate Famphur Fluoranthene Fluorene - Heptachlor Heptachlor epoxide Hexachlorobenzene Hexachlorocyclopentadiene Hexachloropropene Indeno(1,2,3-c,d)pyrene Isodrin Isophorone Isosafrole Kepone Methapyrilene Methoxychlor MONITORING AND REPORTING PROGRAM NO. -5- BUTTE COUNTY NEAL ROAD MUNICIPAL SOLID WASTEIANDFILL AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY TABLE VI CONSTITUENTS OF CONCERN & APPROVED USEPA ANALYTICAL METHODS 3-Methylcholanthrene Methyl methanesulfonate 2-Methylnaphthalene 1,4-Naphthoquinone 1-Naphthylamine 2-Naphthylamine o-Nitroaniline(2-Nitroaniline) m-Nitroaniline(3-Nitroaniline) p-Nitroaniline(4-Nitroaniline) Nitrobenzene o-Nitrophenol(2-Nitrophenol) p-Nitrophenol(4-Nitrophenol) N-Nitrosodi-n-butylamine(Di-n-butylnitrosamine) N-Nitrosodiethylamine(Diethylnitrosamine) N-Nitrosodimethylamine(Dimethylnitrosamine) N-Nitro"sodiphenylamine(Diphenylnitrosamine) N-Nitrosodipropylamine(N-Nitroso-N-dipropylamine;Di-n-propylnitrosamine) _ N-Nitrosoinethylethylamine(Methylethylnitrosamine) N-Nitrosopiperidine N-Nitrosospyrrolidine 5-Nitro-o-toluidine Pentachlorobenzene Pentachloronitrobenzene(PCNB) Pentachlorophenol Phenacetin Phenanthrene Phenol p-Phenylenediamine Polychlorinated biphenyls (PCBs;Aroclors) Pronamide Pyrene Safrole 1,2,4,5-Tetrachlorobenzene 2,3,4,6-Tetrachlorophenol o-Toluidine Toxaphene 2;4,5-Trichlorophenol 0,0,0-Triethyl phosphorothioate sym-Trinitrobenzene MONITORING AND REPORTING PROGRAM NO. -6- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY TABLE VI(Continued) CONSTITUENTS OF CONCERN& APPROVED USEPA ANALYTICAL METHODS Chlorophenoxy Herbicides: USEPA Method 8151A 2,4-D(2,4-Dichlorophenoxyacetic acid) Dinoseb(DNBP; 2-sec-Butyl-4,6-dinitrophenol) Silvex(2,4,5-Trichlorophenoxypropionic acid; 2,4,5-TP) 2,4,5-T(2,4,5-Trichlorophenoxyacetic acid) Organophosphorus Compounds: USEPA Method 8141A Atrazine Chlorpyrifos 4 0,0-Diethyl 0-2-pyrazinyl phosphorothioate(Thionazin) Diazinon Dimethoate Disulfoton Ethion Methyl parathion(Parathion methyl) Parathion ` Phorate Simazine ORDER NO. R5-2002- ATTACHMENT A /0 1IN o / I •�, `- it is 1,00 (/0275— // C/� •L� NeaLRoad, — C ! Municipal Soli ante Lan fill.` i 161 .and Class H aee rn`oundn Ephern",eral Drainages, r 2p /1� \`� �: ,� ' �"�I it �• . ':' .I ' `1 7 NEA 7 1 .il:... t ,� - ....J . -- . .. •:: , Vii' may'/ • 22 J .. MESA ROAD - -�. T6r-Orovi11 Q n as e� } t , •� ,' ' \ BUTTE COUNTY ' ,. NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND • z 160._.-. r CLASS II SURFACE IMPOUNDMENT ` BUTTE COUNTY + og 'j USGS CHICO&HAMLIM CANYON 7.5' QUADRANGLES `"�~ SCALE 1 inch= 1137.5 ft L N MW-4 MW-12 r� z U-3 t Module 2 O Modulz I ��.•; N rrrr..rr rr r� r'rr.rr ♦ . .� module S � U• (Proposed) >I Module 4 � •�'� Nfixlulr a j U-1 MW-2 / � t i - rrrrrr——rrr—r _rrrrrrrrrrrr � Module 6a Module 7 U-4 Mw-1 (Proposed) , Property Line (Proposed) ,. , MW-7 ��6 U-7: .0., � A." 'Nlodule 3A% � _ T o u g= q.rrr r ' (Proposed); Supernatant Overland MW-6 s Module 8 MW-3 I May_% Flow Treatment System Jule_ (Proposed) �♦ Module 0 U-q oposed, + ♦:0* (.Propos d) • MW-8a&8b ' � � ♦♦ err" • U-IOL&S -5 �t Maintenance Building Scale House ffice Crj MW-10 Septage Pond Agricultural Oil andfill Entrance O 'Jd Septage Supernatant Collection Facility C'' O Pond MW-11 LEGEND Gd Leachate Pond � C—, • Lysimeter 9 > r 0 Monitoring Well tTj CrJ C7 tri ►.� ty O C O 4 0 8 0 1200 1600 y' j SCALE r C) x r to INFORMATION SHEET BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS BUTTE COUNTY The Neal Road Class III Municipal Solid Waste Landfill and Class II Surface Impoundments (hereafter"facility") is located seven miles southeast of Chico on land owned by Butte County. The facility is operated for Butte County by Neal Road Landfill Company, a division of Waste Management Inc. The landfill operated as a burn dump from approximately 1965 to 1970 when it was converted to a landfill. The facility now serves all of Butte County and the current disposal area (Modules 1-3) is expected to reach capacity by the year 2005. The landfill accepted 151,738 tons of waste in the year 2000, averaging 421 tons per day. Waste disposal rates in 1999 averaged 435 tons per day. The peak disposal rate is 1,200 tons per day, the maximum permitted by the Solid Waste Facility Permit. The rate increase of waste disposal is expected to be 3.3 percent per year, paralleling the projected population growth rate. The landfill consists of existing modules 1, 2, and 3. Modules 1 and 3 were constructed without any liners. Module 2 was constructed with a two-foot thick clay liner (permeability of 1x10-6 cm/sec) that is overlain by a one-foot thick granular leachate collection and recovery system (LCRS). A perimeter LCRS was constructed around the north, east, and south sides of Modules 1 through 3. Leachate collected from Module 2 and the toe of Modules 1 and 3 is discharged to a designated Class II surface impoundment. The three Class II surface impoundments include a leachate pond, primary septage pond, and septage supernatant pond. The primary septage pond receives approximately 300,000 to 400,000 gallons per month of septage influent via trucks from septic systems throughout Butte County. The primary septage ponds, and an adjacent leachate pond, were retrofitted to Class II standards in 1992, following the closure of previous unlined septage impoundments. A second pond used to contain supernatant from the primary septage pond was constructed in 1996. Excess supernatant which cannot be eliminated by evaporation is currently trucked to the City of Chico Wastewater Treatment Plant for disposal. Geology and Hydrogeology The landfill is situated in a canyon eroded into gently rolling volcanic tablelands on'the eastern fringe of the Sacramento Valley. Flows of massive volcanic tuff-breccia of the r INFORMATION SHEET ORDER NO. -2- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE RAPOUNDMENTS BUTTE COUNTY Tuscan Formation form an erosion-resistant caprock at the head of the canyon and on the ridge on both sides of the canyon. Erosion has exposed the underlying deposits of sands, gravels, silts, and volcanic sediments. The sands and gravels are pervious and are considered to be part of the recharge area for the aquifers underlying the Sacramento Valley. Groundwater is 20 to 100 feet below the lowest elevation of the existing landfill and approximately 10 feet below the base of Module 4. The site is not within the 100-year flood plain. No major surface waters are present near the site. Storm water runoff, which does not contact waste, is directed to peripheral channels and discharged into an ephemeral drainage that is tributary to Hamlin Slough which flows into Butte Creek, a tributary of the Sacramento River. Average rainfall at the site is approximately 27 inches. The mean annual evaporation is approximately 67 inches.. Revision of Waste Discharge Requirements q s Currently, 66 acres of the 229-acre facility are used for the disposal of municipal solid waste (Modules 1 through 3). Expansion of the landfill is proposed to begin in 2002, utilizing 21 acres of the disposal area for the construction of a new module (Module 4). Future expansion phases are planned following the construction of Module 4 and will require the relocation of the existing leachate collection pond and septage ponds incorporating seven new modules (Modules 3A, and 5 through 10). The construction of these new Units will require the destruction of five monitoring wells that will be replaced by one upgradient well and four wells downgradient of the expanded facility. The design of the expansion will exceed the prescriptive requirements of Title 27 and Subtitle D, and meet the performance standard for Class III landfills as described in Section 20260 (b)(1), that ensures no impairment of beneficial uses of surface water or of ground water beneath or adjacent to the landfill. A design report for the construction of Module 4 has been submitted to the Regional Board. The liners for the base of Module 4 will consist (from the bottom) of a double composite liner on the floor and a single composite liner on the side slopes. On the landfill base, the containment system consists of the following components from top to bottom: 12-inches of operations soil, 8-oz. non- woven geotextile filter, 12-inches of LCRS gravel (permeability greater than or equal to 1 cm/s), 60-mil HDPE geomembrane (double-sided textured), geosynthetic clay liner (GCL), geocomposite leak detection layer, 60-mil HDPE geomembrane (double-sided textured), GCL, 12-inches of low-permeability soil liner(permeability less than or equal to Ix - cm/s), and native subgrade (sandstone). Side slopes with a steepness up to 1.75H to 1V will be lined with a single composite liner consisting (from top to bottom) of 24-inches of operations soil, LCRS geocomposite drainage layer, 60-mil HDPE geomembrane (single-sided textured, textured side down), GCL, and native subgrade INFORMATION SHEET ORDER NO. -3- BUTTE COUNTY NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL AND CLASS II SURFACE IMPOUNDMENTS ' BUTTE COUNTY (sandstone, or lahar) with surface improvements as necessary to provide support to the overlying geosynthetic liner system Leachate will be drained by gravity from Module 4 to the low point of the LCRS at the western end of the proposed landfill expansion, where it will be pumped through a riser ' pipe and conveyed to the leachate surface impoundment for disposal. Along the floor of the landfill, the LCRS will consist of a one-foot thick layer of 3/8-inch minus gravel. A perforated 6-inch diameter HDPE pipe will be located centerline of the landfill with lateral HDPE pipe drains spaced approximately every 200 feet. Along the side slopes, the LCRS will consist of a geocomposite drainage layer. At the tie-in between Module 4 and Modules 1 and 3, a geocomposite drainage layer will be constructed at the toe of the , existing refuse fill to collect lateral leachate migration from Modules 1 and 3. This leachate will be conveyed to the floor of Module 4 where it will tie into the main LCRS collection pipe. Corrective Action The current groundwater monitoring system consists of two up gradient and ten downgradient"compliance" wells. Data from the ground water monitoring system shows I groundwater has been impacted by waste constituents including elevated concentrations of chloride, nitrates, total dissolved solids, and specific conductance. VOCs have been detected in the unsaturated zones since 1993. The extent of the contamination has been determined through an Evaluation Monitoring Program. The initial Corrective Action Plan (CAP) implemented in the early 1990's entailed covering the inactive portions of the landfill with temporary tarps to help shed precipitation. A review of the ground water data showed this action was ineffective, the concentrations of the noted waste constituents increased during this time period. Reasons the original CAP failed include poor maintenance of the tarps, drainage pipes and structures, lack of adequate slope on the top of the landfill to facilitate runoff, the highly permeable nature of the earthen cover material, and the need to expose portions of the site during waste disposal operations. The County submitted a second CAP on 18 March 2002. This plan calls for final closure of Modules 1, 2, 3, and 3A by 2006. Closure will consist of covering the Modules with a flexible membrane liner and vegetative cover to exclude all precipitation. A gas control system will be employed to remove gas and moisture created by the decomposing waste. . t KB:klc: I Mary Anne Houx Curt Josiassen. t Yamaguchi Jane Dolan RJ.(Bob)filer Frank Cook Richard Keene Supervisor Supervisor iq sor Supervisor Supervisot� Mayor Councilman Go°oty Air to p` (530)891-2882 Lawrence D.Odle (530)891-2878 Fax Air Pollution Control Officer S t ement June 12, 2002 Stephen Betts, Butte County Department Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: REZ 02-03 Dear Mr. Sanders: The District has reviewed the request for comments for a Rezone to allow for expansion of the Neal Road Landfill located at 1023 Neal Road, Durham. Based on the information submitted the District submits the following comments. The'Neal Road Landfill Expansion Project Environmental Impact Report (EIR) was not formally - distributed to the District for review and comment. However, based on subsequent review of the EIR, the District has no major issues with the EIR. District staff will evaluate the project during the District permit application process. Thank you for the opportunity to comment on the proposed rezone project. If you have any questions, please contact the District at 891-2882. Sincerely, Gail Williams Air Quality Planner cc: Jim DeWeese, Solid Waste Manager, Butte County Public Works File No 3452 t:\eir\bcrez02O3nealroadlandfill.doc 2525 Dominic Drive,Suite J•Chico,California 95928 �1California Regional Water Quality Control Board Central Valley Region Robert Schneider,Chair Winston H.Hickox Gray Davis Secretary for Redding Branch Office Governor Environmental Internet Address: http://www.swrcb.ca.gov/—rwgcb5 Protection 415 Knollcrest Drive,Suite 100,Redding,California 96002 Phone(530)224-4845•FAX(530)224-4857 4 June 2002 Mr. Mike Crump, Director Butte County Department of Public Works 7 County Center Drive ' Oroville, CA 95965-3397 NOTICE OF PUBLIC HEARING Attached is a Notice of Public Hearing concerning waste discharge requirements for the County of Butte, Operation and Partial Closure of Neal Road Class III Municipal Solid Waste Landfill Facility and Class II Surface Impoundment. The tentative waste discharge requirements will be mailed for your review on 11 June 2002. If you have any questions, please contact Katie Bowman at(530) 226-3458 or the address above. S C. PEDRI Assistant Executive Officer KLC: cc+Notice: Ms. Elizabeth Babcock,Division of Clean Water Programs, SWRCB, Sacramento Ms. Frances McChesney, Office of the Chief Counsel, SWRCB, Sacramento Mr. Scott Walker, CIWMB, Sacramento Ms. Diana Vaughn-Thomas, CIWMB, Sacramento Department of Fish and Game,Region 2,Rancho Cordova W.Frank Giardi,Butte County Environmental Health Division,Oroville , ` Butte County Board of Supervisors, Oroville Butte County Planning Department, Oroville D OVTTI 'Mr.,Kenneth Haskell, Golder Associates,Roseville Chicd'Enterprise Record, Chico Waste.Management Inc., Chico JUN 520 BUTTE COUNTY PLANNING DIVISION California Environmental Protection Agency lla Recycled Paper The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at http://www.swrcb.ca.gciv/rwgcb5 bfV►'r+iii'VIVO O __ is .��i� � _.. ..•'..�. i+'}•S,•. r�" ��.�.��: _ ,?r t'�:. :.� '��+ DIU r • CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION 415 Knollcrest Drive, Suite 100, Redding CA 96002 PUBLIC HEARING concerning Consideration of Adoption of Waste Discharge Requirements for COUNTY OF BUTTE OPERATION AND PARTIAL CLOSURE OF NEAL ROAD CLASS III MUNICIPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY The County of Butte (Discharger) owns a Class III municipal solid waste landfill and Class II surface impoundment approximately seven miles southeast of Chico. The Discharger's mailing address is: Butte County Department of Public Works, 7 County Center Drive, Oroville, CA 95965. The landfill receives nearly 421 tons of waste per day. In response to apparent groundwater impacts from waste disposal activities, the Discharger proposed a Corrective Action Program that includes phased closure of the existing unlined landfill modules and construction of a new module over the next four years. Revised waste discharge requirements were prepared to reflect the change in operations and construction activities as a result of the Corrective Action Program, in addition to incorporating the requirements of Title 27 of the California Code of Regulations, Title 40, of the Code of Federal Regulations, Part 258, and State Water Resources Control Board Resolution No. 93-62 under one cover. Staff recommends the Regional Board adopt these proposed waste discharge requirements. A formal public hearing concerning this matter will be held during the Regional Board meeting, which is scheduled for: DATE: 19 July 2002 PLACE: Central Valley Regional Water Quality Control Board 3443 Routier Road,Suite A Sacramento, CA The designated parties for this hearing are as follows: • Staff of Central Valley Regional Board • County of.Butte Only designated parties will have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness; and to rebut the evidence against him or her. All other persons wishing to testify or provide comments NOTICE OF PUBLIC RUING -2- COUNTY OF BUTTE OPERATION AND PARTIAL CLOSURE OF NEAL ROAD CLASS III MUNICPAL SOLID WASTE LANDFILL FACILITY AND CLASS II SURFACE IMPOUNDMENT BUTTE COUNTY are interested persons and not designated parties. Such interested persons may request status as a designated party for purposes of this hearing by submitting such request in writing to the Regional Board no later than 15 July 2002. The request must explain the basis for status as a designated party and in particular how the person is directly affected by the discharge. Persons wishing to comment on this noticed hearing item must submit testimony, evidence, and or comments in writing to the Regional Board no later than 15 July 2002. Written testimony,evidence, or comments submitted after 15 July 2002 will not be accepted and will not be incorporated into the administrative record if doing so would prejudice any party. All interested persons may speak at the Regional Board meeting, and are expect4to orally summarize their written submittals. Oral testimony will be limited in time by the Regional Board Chair. All interested persons may speak at the Regional Board meeting, and are expected to orally summarize their written submittals. Oral testimony will be limited in time by the Regional Board Chair. Anyone having questions on the Neal Road Class III Municipal Solid Waste Landfill Facility and Class H Surface Impoundment should contact Katie Bowman at (530) 226- 3458. The proposed item and related documents may be inspected and copied at the Regional Board's office at 415 Knollcrest Drive, Suite 100,Redding California, weekdays between 8:00 a.m. and 5:00 p.m. by appointment. The hearing facilities will be accessible to persons with disabilities. Individuals requiring Y special accommodations are requested to contact Ms. Janice Tanaka at (916) 255-3039 at least five working days prior to the meeting. TTY users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922. Please bring the above information to the attention of anyone you know who would be .interested in this matter. ' �JAAS C. PEDRI,P.E. sistant Executive Officer [4 June 2002] Betts, Steve Modified: Wed 5/29/2002 3:02 PM Meleka, I made the changes to this initial study per your comments. Please sign .;he intial study so that it can be circultated. You also questioned the Solid Waste Management Facility Combining Designation. This is a .General Plan land use designation, or more correctly an overlay zone, that lies over the existing• landfill and the property to be rezoned to P-Q. Attached to this memo is the text from the Land. Use Element and a map showing the extent of the Solid Waste Management Facility combining zone on the site. . 1 - o 3TrFo O O O C . o -- --_ o O ==- - O c0U N'�y DEVELOPMENT SERVICES DEPARTMENT r BUTTE COUNTY INITIAL STUDY AND PROPOSED NEGATIVE DECLARATION FOR; REZONE 02-03 (Butte County Department of Development Services) Project Name: Butte County Department'evelopment Services Rezone(Neal Road Landfill),FilesZ 02-03 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR REZONE 02-03 (Butte County Department of Development Services) 1.0 PROJECT INFORMATION A. Applicant/Owner: Butte County B. Staff Contact: Stephen Betts,Senior Planner C. Proiect Name: Neal Road Landfill Expansion Rezone D. Proiect Location: On the west side of the existing Neal Road Landfill(1023 Neal Road),south of Chico. E. Type of Application: Rezone F. Assessor's Parcel Number: 040-600-082(portion) G. Proiect Site Size: 69±acres - H. Current Zoning: U(Unclassified) I. General Plan Designation: Public J. Environmental Setting: The project site is a mostly undeveloped portion of the Neal Road Landfill. The site has been used to support the Neal Road Landfill, such as soil and rock stockpiles. Numerous dirt roads are found on the site. The project site consists mostly of native and introduced grasses and wildflowers. The site contains a grove of blue oak trees,approximately 2.8 acres in size,in the northeast section of the site. Scattered oaks are located along the south property line. Wetlands are located in the northwest portion of the site. The only rare, threatened, or endangered plant species identified on the site is Tehama navarrettia, which is not a Federal or State listed species, but is listed by the California Native Plan Society as a plant of limited distribution and is on their watch list. The site does not contain any rare, threatened, or endangered animal species. The project site is zoned U (Unclassified) and has a General Plan land use designation of Public. Additionally, the project site has a Solid Waste Management Facility Combining land use designation. Surrounding parcels are zoned U or P-Q,and have a General Plan land use designation of Public or Grazing and Open Lands. K. Surrounding Land Uses: Livestock grazing L. Proiect Description: This project is a rezone of 69± acres of land from U (Unclassified) to P-Q (Public, Quasi-Public)in order to allow for the expansion of the Neal Road Landfill. The area to be rezoned is a portion of APN 040-600-082, which is 188.84± acres in size, and is owned by Butte County. A 120±acre portion of this property is developed with the Neal Road Landfill,and is zoned P-Q. Upon approval of this rezone project, all of APN 040-600-082 would be zoned P-Q. The Public land use designation of the area to be rezoned allows the proposed landfill use; however, the Unclassified zoning of this area requires that a Use Permit be approved for the proposed landfill expansion. To preclude the proposed landfill expansion from having to obtain a Use Permit, this project would rezone the ■ Butte County Department of Development Services ■ Planning Division■ Page 1 ■ Project Name: Butte County De artmentkevelo ment Services Rezone Meal Road Landfill),FileSiz 02-03 remainder of the parcel to Public-Quasi Public. The Public-Quasi Public zone allows a landfill use by right and a Use Permit is not required. An Environmental Impact Report (EIR) was certified by the Board of Supervisors on February 12, 2002, to allow the expansion of the Neal Road Landfill. The expansion would allow the landfill to increase capacity and continue to accept waste until approximately 2034. The EIR identified potential significant impacts to the environment and required mitigation measures to prevent or reduce these impacts to a less than significant level. The Certified EIR is available for review at the Butte County Public Works Department. All of the mitigation measures contained within the EIR would be implemented and monitored by the Butte County Public Works Department. The Executive Summary and the • Project Description from the EIR are attached to this initial study. M: Public Agency Approvals: Butte County Development Services Department,Butte County Environmental Health Department,Butte County Public Works Department,Butte County Fire Department/CDF,Butte County Air Quality Management District. N. Attachments: A. Executive Summary from Neal Road Landfill Expansion Project EIR B. Project Description from Neal Road Landfill Expansion Project EIR C. Site Plan 2.0 DETERNUNATION I find the proposed project COULD NOT have a significant effect on the environment, and a [ ] P P P J g NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment,but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. [X] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE •DECLARATION pursuant to applicable standards, and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. 40-L Prepared b=hnnior Planner Date - Lo z Reviewed by: M. Meleka,Principal Planner Date - r ; ■ Butte County Department of Development Services ■Planning Division■ Page 2 ■ Project Name: Butte County DepartmentOwevelopment Services Rezone(Neat Road Landfill),File#01 Z 02-03 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except"No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project-specific factors as well as general standards, (e.g., the project would not expose sensitive receptors to pollutants based on a project-specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project-level,indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact'to a"Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced). 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case,a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. ■ Butte County Department of Development Services ■Planning Division■ Page 3 ■ Project'Name: Butte County Department i7:'�evelopment Services Rezone(Neal Road Landfill),File t 02-03 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any,used to evaluate each question;and b) The mitigation measure identified,if any,to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Potentially Less Than Less Than No Reviewed -Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including,but not limited to,trees,rock outcroppings,and historic X buildings within a state scenic highway? c. Substantially degrade the existing visual character or X uality of the site and its surroundings? d. Create a new source of substantial light or glare X which would adversely affect day or nighttime.views in the area: Impact Discussion: The project would result in the rezoning of 69t acres from U (Unclassified) to P-Q (Public-Quasi Public). The purpose of the rezone is to bring the zoning of the project site into consistency with the current General Plan land use designation of Public. Aesthetic and visual impacts were evaluated by the Environmental Impact Report for the Neal Road Landfill Expansion Project,which did not identify any significant impacts in this area. Mitigation Measure: None required. ■ Butte County Department of Development Services ■Planning Division■ Page 4 ■ Project Name: Butte County De artmenovelo ment Services Rezone Meal Road Landfill),File 4 Z 02-03 4.2 AGRICULTURE RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or X a Williamson Act Contract? c. Involve other changes in the existing environment which,due to their location or nature, could result in X conversion of Farmland,to non-agricultural use? Impact Discussion: The EIR for the Neal Road Landfill Expansion Project did not evaluate impacts to agricultural resources. The Initial Study Checklist,completed prior to the EIR, indicated that there would be no impacts to agricultural resources. The project site is not utilized for agricultural purposes. The rezone to P-Q would not cause any impacts to agriculture resources. Mitigation Measure: None required. 4.3 AIR QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the X applicable air qualityplan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality X 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 X air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial X number of people? Impact Discussion: Air quality impacts were evaluated by the Environmental Impact Report for the Neal Road Landfill Expansion Project,which identified potential significant impacts in this area. The Environmental Impact Report recommended four mitigation measures to reduce these potential impacts to a less than significant level. The four mitigation ■ Butte County Department of Development Services ■Planning Division■ Page 5 ■ F Project Name: Butte County Departmentoevelopment Services Rezone(Neal Road Landfill),File 0Z 02-03 measures would be implemented and monitored by the Butte County Department of Public Works during project construction activities and during on-going landfill operations. Mitigation Measure: None required. i 4.4 BIOLOGICAL RESOURCES: Potentially Less Than Less Than No Reviewed ' Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status X 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, X 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, X 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 X 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 X reservation policy ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation X Plan,or other approved local,regional,or state habitat conservationplan? g. A reduction in the numbers,a restriction in the range, or an impact to the critical habitat of any unique,rare, X threatened,or endangered species of animals? h: A reduction in the diversity or numbers of animals onsite(including mammals,birds,reptiles, X amphibians,fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat(for X foraging,breeding,roosting,nesting,etc.)? j.' Introduction of barriers to movement of any resident X or rrugatory fish or wildlife species? k. Introduction of any factors(light,fencing,noise, human presence and/or domestic animals)which could X hinder the normal activities of wildlife? ■ Butte County Department of Development Services ■Planning Division■ Page 6■ Project Name: Butte County Departmenovelopment Services Rezone(Neal Road Landfill),File#TZ 02-03 Impact Discussion: Biological resource impacts were evaluated by the Environmental Impact Report for the Neal Road Landfill Expansion Project, which identified potential significant impacts to blue oak woodland habitat, great horned owl habitat, and wetlands. The Environmental Impact Report recommended four mitigation measures to reduce these potential impacts to a less than significant level. The four mitigation measures would be implemented and , monitored by the Butte County Department of Public Works during project construction activities and during on- going landfill operations: Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact . Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance X of a historical resource as defined in§15064.5? b. Cause a substantial adverse change in the significance of X an archaeological resource pursuantto§15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains,including those interred X outside of formal cemeteries? Impact Discussion: Cultural resource impacts were evaluated by the Environmental Impact Report for the Neal Road Landfill Expansion Project, which identified a potential significant impact to prehistoric resources. The Environmental Impact Report recommended one mitigation measure to reduce this potential impact to a less than significant level. The mitigation measure would be implemented and monitored by the Butte County Department of Public Works during project construction activities and during on-going operations. Mitigation Measure: None required. ' ■ Butte County Department of Development Services ■Planning Division■ Page 7 ■ Project Name: Butte County Department0evelopment Services Rezone(Neal Road Landfill),Filet 02-03 4.6 GEOLOGIC PROCESSES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X 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? X 3. Seismic-related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project, X 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 X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Impact Discussion: The Initial Study Checklist completed prior to the Neal Road Landfill Expansion Project EIR stated that the , expansion project may create significant amounts of soil erosion. The EIR evaluated soil erosion in the Hydrology and Water Quality section and determined that there would be no significant soil erosion impacts because all on-site stormwater runoff would be directed into an on-site sedimentation/storm water retention basin. Off-site surface water runoff would be directed around the landfill. The rezone to P-Q would not cause any significant impacts to geologic processes. Mitigation Measure: None required. ■ Butte County Department of Development Services ■Planning Division■ Page 8 ■ Project Name: Butte County Department fevelopment Services Rezone Meal Road Landfill),File#4Z 02-03 4.7 HAZARDS AND HAZARDOUS MATERIALS: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use,or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X 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- X 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, X 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 X 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 X residing or working in the project area? g. -Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h.. Expose people or structures to a significant risk or loss, injury or death involving wildland fires,including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: . Hazards and hazardous materials impacts were not evaluated by the EIR for the Neal Road Landfill Expansion Project. The Neal Road Landfill does not accept hazardous wastes and is not listed as a hazardous material site. Landfill personnel are trained to identify and handle hazardous wastes that may accidentally be brought to the landfill and a hazardous waste locker is kept at the landfill for temporary storage of hazardous wastes. The project site is not located near any public airports or private airstrips. The rezone to P-Q would not cause any significant impacts to this area. Mitigation Measure: None required. ■ Butte CountyDepartment of Development Services ■Planning Division■ Page 9 ■ Project Name: Butte County Departmentoevelopment Services Rezone(Neal Road Landfill),Filet 02-03 4.8 HYDROLOGY AND WATER QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X 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 X 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 X 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 X 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 X systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? X 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 X ma ? h. Place within a 100-year flood hazard area structures X which would' 2pede or redirect flood flows? i. Expose people or structures to a significant risk or loss, injury,or death involving flooding,including flooding as f X a result of the failure of a levee or dam? j. Inundation by seiche,tsunami,or mudflow? X Impact Discussion: The EIR for the Neal Road Landfill Expansion Project evaluated hydrology and water quality impacts and determined that there would be potential significant impacts to groundwater. The Environmental Impact Report recommended three mitigation measures to reduce these potential impacts to a less than significant level. The three mitigation measures would be implemented and monitored by the Butte County Department of Public Works during project construction activities and on-going landfill operations. The project site is not located within a 100-year flood zone(FEMA FIRM 06007C-0540C,June 8, 1998). Mitigation Measure: None required. ■ Butte County Department of Development Services ■Planning Division■ Page 10 ■ 1 a. Project Name: Butte County Department, evelopment Services Rezone(Neal Road Landfill),File#02-03 r 4.9 LAND USE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X 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 X 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 X plan or natural community conservation plan? _ Impact Discussion: The EIR for the Neal Road Landfill Expansion Project did not evaluate impacts to land use. The Initial Study Checklist, completed prior to the EIR, stated that the landfill expansion project would not create any significant impacts to land use. The rezone to P-Q would bring the zoning into consistency with the General Ylan land use designation of Public and would allow for the expansion of the Neal Road Landfill. Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local X general plan,specific plan,or other land use plan? Impact Discussion: The EIR for the Neal Road Landfill Expansion Project did not evaluate impacts to mineral resources. The Initial Study Checklist, completed prior to the EIR, stated that the landfill expansion project would not cause any impacts to this area. Mitigation Measure: None required. w ■ Butte CountyDepartment of Development Services ■Planning Division■ Page 11 ■ Project Name: Butte County De artmentaevelo ment Services Rezone Meal Road Landfill),File0z 02-03 4.11 NOISE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance,or applicable standards of other agencies? b. Exposure'of persons to or generation of excessive X ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? 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, X 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 X in the project area to excessive noise levels? ' Impact Discussion: The Initial Study Checklist, completed prior to the Neal Road Landfill Expansion Project EIR, stated that the expansion project would not create significant noise levels. The EIR did not evaluate noise impacts. No dwellings are located near the project site and the site is not located within an airport land use plan or near a public airport or private airstrip. The rezone to P-Q would not cause any significant impacts to noise levels. Mitigation Measure: None required. 4.12 HOUSING: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document . Incorporated a. Induce substantial population growth in an area,either directly(for example,by proposing new homes and X 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 X elsewhere? c. 'Displace substantial numbers of people,necessitating X the construction of replacement housing elsewhere? 1 ■ Butte County Department of Development Services ■Planning Division■ Page 12 ■ Project Name: Butte County Departmentoevelopment Services Rezone(Neal Road Landfill),File*02-03 Impact Discussion: The EIR for the Neal Road Landfill Expansion Project did not evaluate impacts to housing. The Initial Study Checklist, completed prior to the EIR stated that the landfill expansion project would not cause any significant impacts to this area. The rezone to P-Q would not cause any impacts to housing. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X could cause significant environmental impacts,in order to maintain acceptable service ratios, response times,or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? I X Impact Discussion: The EIR for the Neal Road Landfill Expansion Project did not evaluate impacts to public services. The Initial Study Checklist, completed prior to the EIR, stated that the landfill expansion project would not cause any significant impacts to public services. Mitigation Measure: None required. 4.14 RECREATION: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X 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 X which might have an adverse physical effect on the environment? n Butte County Department of Development Services ■Planning Division■ Page 13 ■ Project Name: Butte County De artmeriRevelopment Services Rezone eal Road Landfill File#TcF,Z 02-03 1 tY PM )� Impact Discussion: The EIR for the Neal Road Landfill Expansion Project did not evaluate impacts to recreation resources. The Initial Study Checklist, completed prior to the EIR, stated that the landfill expansion project would not cause any impacts to recreation. Mitigation Measure: None required. 4.15 •TRANSPORTATION/TRAFFIC: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system(i.e.,result in a substantial increase in X either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b. Exceed,either individually or cumulatively,a level of ' service standard established by the county congestion X 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 X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g.,sharp curves or dangerous intersections)or X incompatible uses(e.g.,farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies,plans or programs supporting alternative transportation(e.g.,bus X turnouts,bicycle racks)? Impact Discussion: Transportation and traffic impacts were evaluated by the Environmental Impact Report for the Neal Road Landfill Expansion Project, which identified potential significant impacts in this area. The Environmental Impact Report recommended two mitigation measures to reduce these potential impacts to a less than significant level. The two mitigation measures would be implemented and monitored by the Butte County Department of Public Works during project construction and on-going operations. Mitigation Measure: None required. f ■ Butte County Department of Development Services ■Planning Division■ Page 14 ■ . Project Name: Butte County Department Oeveloment Services Rezone Meal Road Landfill),Filez 02-03 4.16 UTILITIES AND SERVICE SYSTEMS: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b. ; Require or result in the construction of new water or wastewater treatment facilities or expansion of X 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 X facilities,the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and X 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 X 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 X dis osal needs? g. ' Comply with federal, state,and local statutes,and regulations related to solid waste? X Impact Discussion: The EIR for the Neal Road Landfill Expansion Project did not evaluate impacts to utilities and service systems. The Initial Study Checklist completed prior to the EIR stated that the landfill expansion project would not cause any impacts to utilities and service systems. Mitigation Measure: None required. ■ Butte County Department of Development Services ■Planning Division■ Page 15 ■ Project Name: Butte County Departmenot evelopment Services Rezone(Neal Road Landfill),File1. z 02-03 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065): Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate y important examples of the major periods of California history orprehistory? 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 X 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 wilf cause substantial adverse effects on human X beings,either directly or indirectly?, 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: No mitigation measures are required for the rezone to P-Q. The mitigation measures approved in the Certified Environmental Impact Report for the Neal Road Landfill Expansion Project are applicable to the future expansion of the landfill. All mitigation measures will be implemented and monitored by the Butte County Public Works Department. ENVIRONMENTAL REFERENCE MATERIAL: •1. - Butte County Board of Supervisors. Agricultural Preserves Map,established by Resolution No. 67-178. Oroville,CA: Butte County Planning Department, 1987. 2: Butte County Planning Department. Archaeological Sensitivity Mal), Oroville,CA: James P.Manning, 1983. 3. . Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities MV. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville,CA:November 2001. 5: Butte County Planning Department. Earthquake and Fault Activity Map 11-1,Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form,Evaluation of Environmental Impact. File Number 93-15. Oroville,CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville,CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3,Safety Element. Oroville,CA: CH2M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safe!y Element. Oroville,CA: CH2M Hill, 1977. ■ Butte County Department of Development Services ■Planning Division■ Page 16 ■ .. ti Project Name: Butte County Department Development Services Rezone(Neal Road Landfill),File ,Z 02-03 10. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville,CA: C112M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 12. Butte County Planning Department. Scenic Highways Map V-1,Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 13. Butte County Planning Department. School District Man. Oroville,CA. 14. Butte County Planning Department. _Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 15. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1989. 16. USGS Quad Maps. 17. Neal Road Landfill Expansion Project Environmental Impact Report with attachments. • 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [ ] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [X] Assessor [X] Development Services [ ] Chico Unified School Distr. [X] Air Qual.Management Dist. [ ] City of Chico [ J City of Biggs [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [X]" CA Department of Forestry [X] Caltrans(Traffic) [ ] Central Reg.Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway Patrol [ ]. Army Corps of Engineers [ ] US Fish&Wildlife Service [X] Agricultural Commissioner [ ] Butte Co.Farm Bureau [ } Oroville Union School Dist. [ ] Feather River Rec.Dist. [ ] El Medio Fire Dept. [ ] OWID [ ] LOAPUD [ ] PG&E [ ] Pacific Bell [ ] Palermo Union School Dist. [ ] Thermalito Irrigation Dist. [X] County Counsel k:\projects\rez\neal road landfill\neal road landfill rezone initial study.doc ■ Butte County Department of Development Services ■Planning Division■ Page 17 ■ ��►.. _ .�:�.�;.�� Vis„ � ��. `�3. �; ti;� I �=�—� w+'•.,r( .r it / ;y \\ �, • WWI,',/', �� is .✓!�r'f- 00 i /� �� .< '�yl��•- _��I i ,� .•� �'��-✓jam � ,� .• � `i`ll�,i '� J�i_ - � 'rY//�/ � -moi • pal I 'S1\ � , jd�� •^.�`\,: �:.�1`�.s ,�� ` lam. �� •. / /J Q Kir PEA � � • AW • ,�, `' .;1 Ot . •• DATE JAN. 20.)l FIGURE 3-7 IDWN SER the APP Site Plan REV 0group. E.11COM011T Solid Waste Services PROECT NO. All I!4sr mob 0 BUTTE COUNTY BOARD P/ i - !III■� ��,-��,� ; -,' "■ ice' . �■■ �- , --�' - ,Ail;l� .,\.. of SUPERVISORS Applicant: Butte County Planning Division Owner: County of Butte,California HearingDate: September 10,2W2at 11:15 am Request: Rmone to P-Q(Public Quasi-Public). Assessor 040-600-0821 1 • BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICANT: Butte County Department of Development Services DATE: May 8, 2002 AGENT: APN: 040-600-082 FILE #: REZ 02-03 PLANNER: Stephen Betts PROJECT DESCRIPTION: Rezone of+-69 acres to allow for expansion of the Neal Road Landfill Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards,as specified in County Improvement Standards. 2. Prior to the issuance of building permits deed to Butte County,in fee simple,_feet of right-of-way from the centerline of The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard,including but not limited to P.C.C.curb,gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot"no access strip"or relinquish abutters rights to Butte County,along the frontage of parcels ,except at approved access points. B. DRAINAGE 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site 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. 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations(by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS _1. Prior to the issuance-of the Rezone,prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. RECEIVED MAY. 0 8 2002 COUNTY OF BUTTE LAND DEVELOPMENT DIV. 7 County Center Drive .-Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 Project Description This project is a rezone of 69± acres of land from U (Unclassified) to P-Q (Public, Quasi- Public) in order to allow for the expansion of the Neal Road Landfill. The area that would be rezoned has.a General Plan land use designation of Public and is also within the Solid Waste Facility Overlay Zone. The area to be rezoned is a portion of APN 040-600- .082, which is 188.84± acres in size, and is owned by Butte County. A 120± acre portion of this property is developed with the Neal Road Landfill, and is zoned P-Q. Upon approval of this rezone project, all of APN 040-600-082 would be zoned P-Q: An Environmental Impact Report for the expansion of the landfill was certified by the Butte County Board of Supervisors on February 12, 2002. .The expansion would allow the landfill to increase capacity and continue to accept waste until 2034. The Public land use designation of the area to be rezoned allows the proposed landfill use; however, the Unclassified zoning of this area requires that a Use Permit be approved for the proposed.landfill expansion. To preclude the proposed landfill expansion from having to obtain a Use Permit, this project would rezone the remainderof the parcel to Public-Quasi Public. The Public-Quasi Public zone allows a landfill use by right and a Use Permit is not required. The project description for the Neal Road Landfill Expansion Project as contained in the certified Environmental Impact Report is'attached to this description. Rezone from to P-Q Existing Landfill Ii +"° zoned P-Q I 'a I, r ` , N 4 r February 12, 2001 Regular Agenda 02-039 Certification of Environmental Impact Report - Neal Road Landfill - on December 12, 2001, the Board conducted a Public Hearing for the purpose ,of receiving comments on the draft Environmental Impact Report for the Neal Road Landfill Expansion Project. All comments received from the members of the public and regulatory agencies have been addressed, and certification of the Final Environmental Impact Report is proposed— action requested - ADOPT THE FINDINGS OF FACT DATED JANUARY 2002 AND .CERTIFY THE ENVIRONMENTAL IMPACT REPORT FOR THE NEAL ROAD LANDFILL EXPANSION PROJECT. (**1982) MOTION: I MOVE TO ADOPT THE FINDINGS OF FACT DATED JANUARY 2002 AQD CERTIFY THE ENVIRONMENTAL IMPACT REPORT FOR THE NEAL ROAD LANDFILL EXPANSION PROJECT. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-040 Proposed .Butte County Rule 20A Underground Utility Program - discussion of the County' s proposed Rule 20A Underground Utility Districting Program and list of proposed future projects - action requested - DIRECT STAFF TO PROCEED WITH PURSUING THE PROPOSED RULE . 20A UNDERGROUND UTILITY PROGRAM AND PROPOSED RULE 20A UNDERGROUND UTILITY DISTRICTS. (**2232) • MOTION: I MOVE TO'DIRECT STAFF TO PROCEED WITH PURSUING THE PROPOSED RULE 20A UNDERGROUND UTILITY PROGRAM AND PROPOSED RULE 20A UNDERGROUND UTILITY DISTRICTS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) r Page 55 February 12, 2002 •r i Existing Solid Waste Facility Overlay Proposed Addition to Existing Solid Waste Facility Overlay Butte Cou ty Disposal Site � sgre General Plan Amendment from Grazing& Open Lands of to Public General Plan Amendment from Grazing & Open Lands to Industrial M M ❑ h/ BUTTE COUNTY PLANNING COMIVIISSION i Applicant: Butte County Development Services Dept. Owner: Butte County/Don Swartz Hearing Date: March 26, 1998 @ 9:00 am Existing Zone: R-I (Residential) N Request: General Plan Amendment from Grazing&Open Lands to Public&Industrial and an expansion of the No Scale Solid Waste Overlay General Plan designation for newly acquired landfill property. �"N: 040-600-081,082 File: 97-03 �► 40-60 EWKELEY-SWARTZ PARCEL MAPS 3286.96 r" PRI.REM LANDS'-.'-"-5 . 4 t 148.29ACt 8 3 TRA 062-01 712.73nc v' . 2 PT 41-REM LNDS2-4_54-58 94.68 AC PTN 4�RQI LNDS 2-,_8 5' I 6 TRA 062-0086 7 18 t" RS 110-7 1 �Bt-52 7 3 5 _ PTN 11-2 25 o PTN 1'12-15 2841. PTN 4'- 2-54 7040 AC 16 3 110.49 ACt 1�0 13 h �, 4 S 7 150 ACt OR 331.71 AC -077 s 63.99 AC 2 $0 69 38 SD PTN 21-41-2 46.62 AC 2110 49 (E)28 PTN REIT LANDS' -42 0 AC 601 17-2-5 20 I PTN 2' So 1141 -091 53 2e 380 AC 45 u 62 TRA 093-001 1'-2000, � 75 9 PTN 13-2 PTN 11-2-s 36 -2-4' PTN 21-4'-R£M. LNO. PTN 4' �e O 388 ACt 1'-3-9 2'-2-;' 350 AC �°,�2�3 ti��o Rp►D 60 2'-3LLND.2 32-3444 o PRI 2 7 8 79 J 148.01 ACt 8 558.22 AC3 1r< 0 37 63.89 AC i 1• I7 � 1961 6 5 � 2000 1-2-!L2!-36 - 125.76 ACfO PTN 1 590.25 AC " BUTTE CO. DISPOSAL SITE , �S 1-2-5 PTN 2'-REM. LND.2 4-27 `' PTN 3 -32 1-3-9 t-2 .� PM 1 -2 264.27 AC • PTN 2'-' TRA 062-002 129t O t- 2 4 i M2 REIA. LND. -3-2 2 DETAIL A r'' 77.2 Ac 120 ACt 91.78 Act ' f^•.S . >3 ; „ f S9 80 23.61 AC 1 =1000 S AIL A' i PTN 3 t-32 176.09 AC - PTN i L2!-36 --__ �� l 24.67 AC '•,,�. PTN 62 0 SEE - �. PARCEL MAP 136-62/649 5-18-95 Butte County Assessors Mop TRA o70-009 0 3 32 PARCEL YAP 136-34/36 2-27-95 � .` "� �J� /hook � Pae 60 - RECEIVED ti 40 - PARCEL MAP 136-14/16 12-21-94 sem,\ r+w . g {} RE 131 ACt 1 -g� PARCEL MAP 134--9-3/956511-15-94 �. /_;�� N07E Ibm P� am for PARCEL MAP 132-98/100 2-24-94 not � PQ D C 1 $ Z�O� �. r'� ;,-'' ' .59 PARCEL MAP 132-91/974 2-24-94 o* and�d n1O1' 70 AC ` ` PARCEL MAP 132-90/923 2=24-94 63 81 PARCEL YAP 123-58 632 7-18-91 CRE470 BY A CAfAiED ON 12-14 Y000 CCUN, OF ?tlrE PARCEL MAP 121-1`71 9-21-90 j Y1 y ON 12-14-1000 0I/ 58.99 AC Ef7MK 2001-42 RML ftvk eet 0*0 40. Pwffan Of Pop 01 Com onke 0� O-d f. J , O 'd / �\ `\ ,. `\ `\ `\ ' e� `\ ., ,. `\ `\ ' `\ _ \� _ � '''� %i� �� ii `� �� u � �/ � n � . �� r� �� \ . r �, �, ,�, . � �� ,� %� �� / �, i �i �� . �; _ ,� ,� i �. .i i ££9� FSr9Z b-d / ,'drrnO A1Nn � 01 311.9 \ I . b � bl SI I I 01 \ f 98bZ ORDINANCE NO. G`cc 1tiVG°� a-'� OAA 3 oa-u .-VN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE. STATE OF CALIFORNIA, AN P-Q (PUBLIC/QUASI- PUBLIC) DISTRICT. PURSUANT TO CHAPTER 24-29. Tne Board of Supervisors of the Counry of Butte. State of California. 2 under and pursuant to Chapter 24-29 of rhe Butte Counry Code of said Counrv.,. 3 DO ORDAIN. as follows: SECTION .. The hereinafter aesc: bet 5:ruate :ne �oL_. • of Butte, State of California. -ail be and _ _s hereby zoned ? 8 (Public/Quasi-Public) District, and such area snail be subiect to the restrictions 7 and restricted uses and regulations pursuant to Butte County Code Section 2=- 8 129. 9 ! 10 Said area so zoned being located in the unincorporated area of Butte � . County, Chico, more particularly described as follows: 11 12 PARCEL 1: A portion of Sections 14 and 15, T21N, R2E, MDM, also being a 13 j portion of Parcel 3 as shown on that certain map filed in the office 14 of the Recorder,.County of Butte, State of California, in Map Book 123 at Pages 58-63, and more particularly_ described as follows: 15 Co=encinQ at the W 1/4 corner of said Section 14; thence along 16 the W line of said Section 14, N 00° 03' 07" E. 703.85 ft. to the true point of beginning; thence S 58 ° 33' 07" W, 760.00 ft.; thence S '_1 ° �' 33' 07" W, 1035.00 ft. to a point on the SW line of said Parcei 3. (from said point the most southeriv corner of said Parcel 3 bears S 36 ° 34' 25" E. 1000.00 ft.) thence N 71 ° 57' 22" E. 1482.50 ft. o 19 ; a point on the SW line of that certain deed to the County of Butte. died in the Office of the Recorder, County of Butte. State of 20 . California, in Book 1360 at Page 616; thence along said southwesterly line N 36 ° 34' 25" W, 930.00 ft. to a point on -he westerly :ine ol. 21 said Section 14 (from which point the W .%4 corner of ;aid Se—ion 14 bears S 00° 03' 07" W. 499.38 ft.) thence aiona said westeriv 22a N 00 o 03' 07" E. 204.47 ft. :o ine :rue point of beginning. 23 ?ARCEP L 24- . % i i oortlon or SecuoIL anc _�. T.=`. �c. MD1VI. aiso' R 2v oortlon of parte: 3. as Snown on :.rat ce:taln :nap flied r. ,he Ofnc-_ �f ine Recoraer. ::ounty oI Blltte. State of .aiiiornia. : : Mat, BooK 26 :_3 at ?ages :ine more oar-acuiariv oesc^oeo as :oilows: I I i '-ornme:ic:niz at the Vv corner oI said Section 14: thence aiong :he �ti :ine of said Sec-aon _ N 00 ° 03' 07" E. 199.38 fejt to a 2 :I point on .he SW line of :hat certain deed to :he County of Butte. :lied in the Office of :he Recorder. County of Butte. State of 3 California r: Book :360 _: Page 516: :hence along said southwestern iine S 36 ° 3-=' _25" E. x30.00 =. :o :he �ue point li 4 :I Sesunning; thence in leavg said SW line 5 , __. `L• 5 �o a ooint on the SW line of said Parcel 3: thence along said j1N line S 36 ° 34' 25" E. 1000.00 ft. to the SW come. of saia Parcel e thence N 53 ° 25' 35" E. 1405.65 ft. to a point on the SW line of i said Butte County property; thence along said SW line N 36 ° 31' 25" 7 i W, 528.87 ft. to the true point of beginning. 8t , i SECTION 2. This Ordinance shall be and it is hereby declared to 9 be ,in full force and effect from and after thirty (30) days after the date of its 10 II passage, and before the expiration of fifteen (15) days after its passage, this 12 Ordinance shall be published once with the names of the members of the Board 13 I of Supervisors voting for and against it in the Chico Enterprise Record, a 14 �� newspaper published in the County of Butte, State of California. I - 15 ! PASSED AND ADOPTED by the Board of Supervisors of the i 16 County of Butte. State of California. on the _ s'::dav of 1992, by the 17 i following vote: is ! _A.YES: cLjoer 1 srs --,,:c -,z: iIGG' : . . i�_aJOO! ', i. . :i7;i an,;' ..:id" .' :_)o 19 i. NOES: :one 20, 21 ; • ABSENT: Nor 22 NOT VOTING: �I 7UiiC 23 �sti-E DOL..-�_N. 7LAJR_Vi ti• 24 :utte .,Jllnry 3oarc JI JllDealsor, �OHN Z. BLnis�. ef Acro auve 2.51 De icer arc :.'erx Jr ::^.e Boarz 26 . .}_ .. ��::ir'•i�'�i24i;Y.�'1."t�z;'�'•Fv':��i.�ti�;?sti;' is':�J?.yBE�t'.� 'iC .�:i.. x:.. ,vrte� �..� '�rcF,.:�t`•-S".. AN, �.,40� x�j•�Y f M 1 l w t .'{�.f.rY•1r.' n i <S�5 ` it�'v f52„ A 2.00 ,o „ \ IS 14 I / \ C R � 5 / P-0 2633 r633 +`v- PROJIiGT LOCATION I g2-WS FILE . Na040-600-0 BUTTE COUNTY PLANNING COMMISSION HEARING DATES: APPLICANT: OWNER: REQUEST, REZORE FROM'U' EXISTING ZONE- 'U' . SCALE TO 4 r w o �\ • ,`\ • � _ + `\ •t `\ . r ' , `\ � { 1 `\ . `\ \` . \\ \` ' ,t \` i''� I ', / 1` .. �. f � �� `� 1 / I I � // �� I � .. ��\ ' � �� r \��;° �, ,� i � ��; . d �� ., . . - � :- ; . . . �� . , ,, =� ; � , • � � . � . . - February 12, 2001 Regular Agenda 02-039 Certification of Environmental Impact Report - Neal Road Landfill - on December 12, 2001, the Board conducted a Public Hearing for the purpose of receiving comments on the draft Environmental Impact Report for the Neal Road Landfill Expansion Project. All comments received from the members of the public and regulatory agencies have been addressed, and certification of the Final Environmental Impact Report is proposed - action requested - ADOPT THE FINDINGS` OF FACT DATED JANUARY 2002 AND CERTIFY . THE ENVIRONMENTAL IMPACT REPORT FOR THE NEAL ROAD LANDFILL EXPANSION PROJECT. (**1982) MOTION: I MOVE TO ADOPT THE FINDINGS OF FACT DATED JANUARY 2002 AND CERTIFY THE ENVIRONMENTAL IMPACT REPORT FOR THE NEAL ROAD LANDFILL EXPANSION PROJECT. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-040 Proposed Butte County Rule. 20A Underground Utility Program - discussion of the County' s proposed Rule 20A Underground Utility Districting Program and list of proposed future projects - action requested - DIRECT STAFF TO PROCEED WITH PURSUING THE PROPOSED RULE 20A UNDERGROUND UTILITY PROGRAM AND PROPOSED RULE 20A UNDERGROUND UTILITY DISTRICTS. (**2232) 7 MOTION: I MOVE TO DIRECT STAFF TO PROCEED WITH PURSUING TME. PROPOSED ?ULE 20A UNDERGROUND UTILITY PROGRAM AND PROPOSED RULE 20A UNDERGROUND UTILITY DISTRICTS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 55 February 12, 2002 t / /r ojeo 33 1 �P,/ �r 0,40-600-0 � P-Q - r ' P 0-600-082 , U f/ P-Q 4l-'�7 r 4 30S'�Y SB ' S6y w a4 0,6'00-082 "'�' ,1 � I 1p t r � I l 003 r /), Now .r• 1 Fnyironm<dLn Meal rl: No 0ojection to rezone. Continued opev ation of iandfiIi , or expansion of same to meet Sta`e of Lal ifornia solid waste regulations. Anal-sis: r the rezone was initiated ty the board or' Supervisors, precipitated by a building permit application being filed for a shed on the Neal R.-ad property, It was discovered at that time that both the landfill and the solid waste transfer station were classified as pre-existing nonconforming uses. As such, any expansion or change would require a , Use Permit. Both the Neal Road landfill and the solid waste transfer station are operated under contract to the County of Butte. The Public Works Uirector is responsible for administration of the contracts and ensuring that operations comply with the Solid Waste Management Pian. Both facilities are well supervised and controlled by the Department of Public Works. A rezone to P-0 will comply with the Solid Waste Managem?nt Facility Overlay adopted by the Board!!w"ember 19, i985.. The purpose of the Solid Waste Overlay is to identify existing solid waste facilities including landfills, dumps, solid waste transter stations and expansion areas, and to reserve suture sites. fhe designation also serves to notify existing and future property owners that there is a solid waste facility operating or proposed for the area. A rezoning to P-0 as proposed will provide some relief for the operators of the transfer station and Neal Road Landfill . Minor additions, including the repair shop, can be constructed with building permits and Environmental Health permits. i'he Planning Commission should note that the board of Supervisors approved issuance of the development permit for a repair shop at Neal Road prior to finalization of this rezone. A mobile home installation permit is pending for the Neal Road site. This mobile is approved for office use only. The Solid Waste Management Facility Overlay preempts properties so designated from being concurrently used for residential purposes. Rgggmmendat1ons: A. Find that the requirements of CEOA have been completed and considered, and recommend that the Board of Supervisors adopt a Negative Declaration; and B. Find that the proposed rezone to P-0 complies with the existing General Plan designation and land use on site; and C. Recommend that the Board of Sjpervisors approve a rezone from A-40 to P-0 on AP 25-19-50 and from U to P-0 on AP 40-12-12 (Butte County). .U. ONES, ..zc`5 .� -• -• wit .: Ur• 1� fi FILE NO.: 92-4 • 5 STAFF FINDIUNNTGYSP�NNING COMMISSION April 7, 1992BUTIE ION APPLICANT: OWNER Butte County Planning C.Mrnission REQUEST. Butte County AP NO.: Rezone from U. to P.Q. SIZE: AP 040-600-030 and 031 LOCATION: Parcel 1, 23,61 acres and Parcel 2, 24.67 Herts Neal Road, on the EXISTING ZONING: Butte County Landfill uthwest side of ..existing ZONING III'TORY. .U_ (Unclassified) j SOUNDING ZONING: Zoned 'U- Sept. 17, 1985 by Ord. } SURROUNDINGP-Q and 'U• 248A LAND USE: SITE HISTORY: Butte County Landfill and o Parcel 1 h Pen gazing lands Ponds ands been used for the Parcel Coun g s 2 is the new locati n% s BUTTE COUNTY PLANNING COMMISSION s STAFF FINDINGS - April 7, 1992 ANALYSIS: This request is to rezone the property recently purchased by the County at the Nr41 Road Landfill from "U" to P-Q. This property will be used for expansion of the landfill #ova and for new septage ponds. The P-Q (Public, Quasi-Public) zone is consistent with tllt Butte County General Plan and is the appropriate zone for public lands. i A Negative Declaration, File #92-04B, was prepared and routed through fJW State Clearinghcuse. A public hearing was held on the proposed Negative Declaration by t1W Butte County Board of Supervisors on January 7, 1992, prior to the purchase of the subject pfoperty. The Board of Supervisors made a finding that the proposed project could not have a significant effect on the environment, and a Negative Declaration was adopted. RECOMMENDATIONS: MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO GATED April 7, 1992; MAKE THE FINDINGS UNDER "A"; AND MAKII, THE MOTION AS OUTLINED UNDER "B" AND "C". A. Find that: 1. An Initial Study was completed in compliance with the California Envirotuttental Quality Act. .e 2. Said study and comments received thereon identified potentially sigpificant environmental effects that the project may have had. 3. A Negative Declaration has been completed in compliance with the California Environmental Quality Act. } 4. The proposed rezone conforms to the policies,including the text and map,of the j Butte County General Plan, because B. Recommend the Board of Supervisors adopt a Negative Declaration for property>> identified as AP 040-600-030 and 031 (Butte County Planning Commission); and 3 :C. Recommend the Board of Supervisors adopt an Ordinance rezoning to P-Q (Public, Quasi-Public) that property identifiw! as AP 040-600.030 and 031 (Butte County Planning Commission). <• ',; `-' a",Attachmen+s to Commission and Cities: Environmental Documents '}r? Site Plan " Location Exhibit i,av i i • • I I �-d b-d dmnG A1NOQD 3.L Lng I ' a � i a I • VI rl ❑ LAND USE ELEMENT O SOLID WASTE MANAGEMENT FACILITY COMBINING DESIGNATION Purposes: To identify existing solid waste facilities including landfills, dumps, and solid waste transfer stations, expansion areas and to reserve future sites. The solid waste management facility combining land use designation allows uses which are accessory and/or related to solid waste and/or septage disposal. Support and accessory uses which are consistent with the solid waste management facility designation include, but are not limited to: recycling and waste diversion facilities, site monitoring operations, tire shredding and storage, composting operations, household hazardous waste facilities, metal scape yards, offices, maintenance and storage facilities for commercial refuse haulers and/or septic tank pumping companies and other similar uses which meet the purposes of this land use designation. A potential site for a solid waste facility or site expansion may be designated on the land use map only when land uses authorized in the applicable city or County General Plan adjacent to or near the site expansion or potential site are compatible with the establishment or expansion of the site are compatible with the establishment or expansion . of the site for a solid waste facility. �? The solid waste management designation shall preempt the property from being concurrently used for residential purposes. When a property is designated solid waste management facility, the underlying General Plan designation shall be retained to show the planned future land use. The solid waste management designation shall be retained on the property until one of the two following conditions are met: 1. The site has been closed and fully reclaimed to Solid Waste Management Board, Regional Water Quality Control, and other regulatory agency standards; or 2. The site was a designated expansion area or reserved site never utilized, and determined to be inconsistent with surrounding land uses or the Butte County Solid Waste Management Plan. Adopted: 11/19/85 by Resolution: 85-191. Amended: 7/28/98 by Resolution: 98-117. 0 BUTTE COUNTY GENERAL PLAN 0 ADOPTED BY RESOLUTION 79-222 0 October 30, 1979❑ LUE - 63 December il, 2001 Public Hearings and Timed Items 01-395 Public Hearing - Neal Road Landfill Expansion - Draft Environmental Impact Report - consideration of environmental determination for the expansion of the existing County landfill on Neal ,Road in central Butte County, T21E, R2E, Sections 14 and 15, Hamlin Canyon 7.5 ' USGS topographical map. The proposed project site is located on Neal Road, approximately one mile east of its intersection with State Highway 99, approximately seven miles southeast of the City of Chico, and nine miles southwest of the Town of Paradise. The project 'involves the horizontal expansion of the active disposal area from its current 66 acres to 140 acres at full build-out., ,The expansion would occur to the southwest of the current active disposal area, on property owned by the County. The, project would also involve a vertical expansion of the landfill site from its current maximum elevation of 495 feet to approximately 500 feet. The expansion would be implemented in accordance with.a landfill sequence plan, which would result in the staged construction of a series of modules that would be used for waste disposal operations. A total of eight additional modules r are proposed, each. of which would provide 2 to 12 years of solid waste disposal capacity. The portions of the project •site that would be used for the horizontal expansion of the landfill would be provided with a low-permeability liner system that would contain leachate produced within the landfill. To remove the leachate, a leachate collection and removal°system, including a collection pond, would be provided as part of the liner system. A landfill gas extraction and collection system would be installed to control emissions of gases produced by organic wastes disposed at the landfill. A Supernatant Overland Flow Treatment System would be used to , provide additional septage supernatant disposal capacity.. The project would require the relocation of an existing leachate pond and two septage ponds. A Draft Environmental Impact Report has been prepared for the project, within which several potentially significant environmental impacts have been identified and mitigation measures proposed - action requested - ACCEPT PUBLIC COMMENT ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE NEAL ROAD LANDFILL EXPANSION PROJECT. (**1018) PUBLIC HEARING OPENED: 11 :12 A.M. PUBLIC HEARING CLOSED: 11 :39 A.M. RECESS: 11:40 A.M. RECONVENE: 11 :48 A.M. Page 531 December ll, 2001 � ��N`dNIQ2I0 .L3d2IQ t � ORDINANCE NO. AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A P-Q (PUBLIC-QUASI PUBLIC) DISTRICT, PURSUANT TO SECTION 24-25.40. The Board of Supervisors of the County of Butte, State of California, under and pursuant to Section 24-25.40 of the Butte County Code of said County, ORDAINS, as follows: SECTION 1. The hereinafter described area situate in the County of Butte, State of California, shall be and it is hereby zoned as a P-Q (Public, Quasi-Public) District, and such area shall be subject to the restrictions and restricted uses and regulations pursuant to Butte County Code Section 24-215. Said area so zoned being located in the unincorporated area of Butte County, Chico area, more particularly described as follows: Being a portion of Parcel 2 as shown on that certain map entitled "Parcel Map B", as filed in Book 132 of Parcel Maps at Pages 93 through 97 together with a. portion of Parcel 2 as shown on that certain map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B", as filed in Book 136 of Parcel Maps at Pages 14 through 16, on file in the Office of the County Recorder of the County of Butte, State of California, more particularly described as follows: COMMENCING at the most northerly corner of Parcel 1 as shown on that said Parcel Map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B", said corner lying on the westerly right-of-way line of Nance Canyon Drive, said point also lying on the easterly line of a 100' wide electrical easement as recorded in the Office of the County Recorder of the County of Butte, State of California in Book 322 of Official Records at Page 145; THENCE leaving said westerly right-of-way line of Nance canyon Drive, South 41°15'50" East, along the easterly line of said Parcel 1 and the easterly line of said electrical easement, a distance of 152.02 feet to a point on the easterly right-of- way line of Nance Canyon Drive and the True Point of Beginning of the herein- described parcel; THENCE leaving said easterly right-of-way line of Nance Canyon Drive, said easterly line of Parcel 1 and said easterly line of said electrical easement, North 04°27'59" East, a distance of 1030.81 feet; THENCE North 53°25'35" East, a distance of 970.00 feet to a point on the southerly line of said Parcel 2 as shown on said map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B"; THENCE leaving said southerly line of said Parcel 2, South 66°25'10" East, a " distance of 613.47 feet to a point on the northwesterly line of the Butte County Disposal Site as described in deed as recorded in the Office of the County Recorder of the County of Butte, State of California, under Recorders Serial. No.92-003801 ; THENCE along said northwesterly line, South 11°33'07" West, a distance of 1035.00 feet to the most westerly corner of said Butte County Disposal Site; THENCE along the southwesterly line of said Butte County Disposal Site, South 36°34'25" East, a distance of 1000.00 feet to the most southerly corner of said Butte County Disposal Site; THENCE leaving said southwesterly line, South 60°34'04" West, a distance of 1082.29 feet to a point on the easterly line of said Parcel 1, said point also lying on the said easterly line of a 100 foot wide electrical easement; THENCE along said easterly line of Parcel 1 and said easterly line of said electrical easement, North 41°15'50" West, a distance of 1315.33 feet to the True Point of Beginning. The above-described parcel contains 64.3 acres, more or less. f Assessor Parcel Number: ' 040-600-082 (portion), containing 64.3 acres, more or less. SECTION 2. This Ordinance shall be and it is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage, and before the expiration of fifteen (15), days after its passage, this Ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against it in the Chico Enterprise Record, a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the . day of 52002, by the following vote: AYES: NOES: ABSENT: NOT VOTING: CURT JOSIASSEN, CHAIRMAN Butte County Board of Supervisors ATTEST: PAUL McINTOSH Chief Administrative Officer and Clerk of the Board By Deputy I ` i I NEAL ROAD LANDFILL EXPANSION PROJECT EIR EXECUTIVE SUMMARY 2.0 EXECUTIVE SUMMARY This section, in accordance with CEQA Guidelines Section 15123, provides a summary of the proposed project and its environmental consequences. It includes a brief description of the project, a list of issues of concern, and an overview of project alternatives. At the end of this section is a table that lists identified environmental impacts and mitigation measures. For additional details regarding specific environmental issues, please refer to Section 4.0, Environmental Setting, Impacts and Mitigation Measures. 2.1 PURPOSE OF THE EIR This Draft Environmental Impact Report (EIR) evaluates the potential environmental effects of the Neal Road Landfill Expansion project, located in central Butte County. The project would add approximately 39 acres to the existing landfill site, making the total landfill area approximately 140 acres. The purpose of the project is to provide additional landfill capacity for an anticipated increase in solid waste generation by the service area of the landfill, which includes the unincorporated areas of Butte County, the Cities of Biggs, Chico, Gridley and Oroville, and the Town of Paradise. It is estimated that capacity within existing active permitted modules of the landfill would be reached in 2005,while capacity for one additional permitted module would be reached in 2018. I Under CEQA, public agencies are charged with the duty to consider the environmental impacts of proposed development project, and to minimize these impacts where feasible. The public agency has an obligation to balance a variety of public objectives, including economic, environmental and social factors (CEQA Guidelines Section 15021). The purpose of the EIR is to provide the necessary information on the significant environmental effects of a project to public agency decision makers and the general public. Additionally, the EIR identifies possible means to mitigate the significant effects of a project. The public agency is required to consider the information in the EIR when making its decision on a project (CEQA Guidelines Section 15121). 2.2 PROJECT CHARACTERISTICS The Neal Road Landfill expansion project would result in a vertical and horizontal expansion of the existing landfill. The landfill currently has a permitted disposal area of 101 acres. The current landfill area is divided into four disposal modules, of which one is currently being used. The proposed project would expand the current landfill operations to include a vertical expansion from a maximum elevation of 495 feet to approximately 500 feet and a lateral expansion of approximately 74 acres, which would increase the waste disposal capacity within the site boundaries. At buildout, the landfill refuse footprint would be approximately 140 acres. The proposed vertical and horizontal expansions of the Neal Road Landfill would increase the facility's remaining fill capacity to approximately 20,494,600 cubic yards (13,321,500 tons) of refuse. Based upon the current average daily disposal rate, an annual population growth rate of 3.3 percent per year within the landfill service area, and the current diversion rate for recyclable materials, the increased landfill capacity may extend the landfill's service life to approximately 2034. The proposed expansion of the landfill would be designed, constructed and operated to comply with the applicable requirements of Title 27 of the California Code of Regulations (CCR), which combines the landfill design and operation requirements of the California Integrated Waste Management Board (CIWMB) and the Regional Water Quality Control Board (RWQCB). Butte County Neal Road Landfill Expansion September 2001 Draft EIR 2-1 2.0 EXECUTIVE SUMMARY The expansion would be implemented in accordance with a landfill sequence plan, which would result in the staged construction and operation of a series of modules that would be used for waste disposal operations. A total of eight additional modules are proposed. Each module would provide between two and twelve years of solid waste disposal capacity. The excavation of a landfill module, including the preparation of the side slopes and base for future waste disposal operations, would be conducted while an adjacent module is being used for the disposal of solid waste. The proposed lateral expansion of the landfill to the west would require the relocation of an existing leachate pond and two septage ponds (storage/evaporation surface impoundments for wastewater removed from septic tanks). A replacement settling pond and evaporation pond would be provided, designed similarly to the existing septage ponds. The proposed location of the replacement ponds is in the western portion of the expanded landfill site. The expansion may also require the relocation of several ancillary facilities on the landfill site, possibly to an adjacent parcel south of the project site. To reduce the visual impacts of the expansion, a landscape berm would be constructed on the western and northwestern boundaries of the expanded site. The berm would be planted with blue oaks and other vegetation. The portions of the project site that would be used for the horizontal expansion of the landfill would be provided with a low-permeability liner system. The lining system would be designed to contain leachate (liquid that has flowed through solid waste) that may be produced within the landfill. To remove leachate that may accumulate in the landfill, a leachate collection and removal system (LCRS) would be provided as part of the proposed liner system. The leachate pond would be designed to comply with CCR Title 27 construction requirements for Class II (designated waste) surface impoundments. The leachate pond would include a berm around the perimeter of the pond to prevent runoff water from entering the pond. Both the proposed liner and LCRS would be designed and installed in accordance with the requirements of CCR Title 27 and Waste Discharge Requirement Order No. 93-200, the latter implementing the requirements of EPA Subtitle D. A landfill gas extraction and collection system would be designed and installed at the landfill, to control emissions of methane and other gases produced by organic wastes disposed at the landfill. The gas collection system would essentially use collection wells, a piping system and a blower to extract landfill gas. The EIR analyzes three possible design alternatives for the landfill gas collection system as part of the air quality analysis: combustion by flare, use in.evaporation of leachate or other landfill operations, or use in an energy recovery system. Any gas collection system that may be installed at the landfill would require approval from the Butte County Air Quality Management District (BCAQMD). A Supernatant Overland Flow Treatment System (SOFTS) would be used to provide additional septage supernatant (fluid from septic tanks) disposal capacity on the landfill property in the near term. The system would operate through the controlled application of supernatant fluid to the ground surface to enhance evaporation. The application area would be approximately four acres in size and located in the southwestern corner of the project site. The system would consist of a pump station at the supernatant storage/evaporation pond, transfer piping to and from the land application area, a network of distribution pipes within the application area, an interceptor trench and collection sump, and pump control system at the collection sump. The application area and interceptor trench would be provided with a perimeter berm to contain the supernatant liquid and to prevent storm water run-on. A Pilot Study is currently being conducted over a limited area to determine the feasibility of the SOFTS. Neal Road Landfill Expansion Butte County Draft EIR September 2001 2-2 2.0 EXECUTIVE SUMMARY After the completion of,waste disposal activities, in order to minimize the long-term potential for water infiltration into the landfill, as well as water and wind erosion of the landfill surface, a layer of final cover would be designed, installed, and maintained in accordance with the requirements of CCR Title 27 and EPA Subtitle D. The County is currently in the process of updating its Corrective Action Plan (CAP) for groundwater impacts, part of which includes an expanded Evaluation Monitoring Program to determine the extent and the sources of the impacts to groundwater. A preliminary closure and post-closure maintenance plan will be submitted to the Butte County Department of Health, RWQCB and CIWMB for review and approval. 2.3 AREAS OF CONCERN Prior to preparation of the EIR, the District issued a Notice of Preparation (NOP) notifying the public and agencies of the project and requesting comments. Also, an Initial Study ,for the . project was prepared. Based upon the Initial Study and the comments received in response to the NOP, the following issues of potential concern were identified: • Hydrology and Water Quality • Air Quality • Biological Resources • Aesthetics • Cultural Resources Traffic • Hazards and Hazardous Materials (evaluated in Air Quality and Water Quality analyses) Please refer to Section 4.0, Environmental Setting, Impacts and Mitigation Measures, for a detailed description of potential environmental impacts and mitigation measures. A summary of these impacts and mitigation measures is provided later in this section. 2.4 PROJECT ALTERNATIVES CEQA Guidelines Section 15126.6 requires that an EIR describe and evaluate feasible alternatives to the project. The alternatives must achieve the basic objectives of the project while reducing or eliminating at least some of the significant environmental effects. The alternatives evaluated in this EIR are as follows: Alternative 1 - No Project Alternative 2-Alternative Project Site Alternative 3-Out-of-County Disposal Of the three alternatives analyzed, the No Project Alternative was determined to be the environmentally superior alternative. Section 15126.6(e)(2) of the CEQA Guidelines states "if the environmentally superior alternative is the 'no project' alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives:' For this project,Alternative 3, the Out-of-County Disposal Alternative, is considered the environmentally superior of the other alternatives. Butte County Neal Rood Landfill Expansion September 2001 Draft EIR 2-3 2.0 EXECUTIVE SUMMARY 2.5 OTHER IMPACTS .Under the CEQA Guidelines, the EIR must discuss cumulative impacts when they are significant. Cumulative impacts are defined as two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The EIR did not identify any significant cumulative impacts of the project. CEQA requires that the growth-inducing impacts of a project be addressed in the environmental impact report. A proposed project may result in direct and/or indirect growth-inducing impacts. No growth-inducing impacts were identified with the project. An EIR shall include a detailed statement in a separate section setting forth any significant effect on the environment that cannot be avoided if the project is implemented. No significant and unavoidable impacts were identified with the project. 2.6 SUMMARY OF ENVIRONMENTAL IMPACTS Table 2-1 presents a summary of project impacts and proposed mitigation measures that would avoid or minimize these impacts. The table also indicates the level of significance of each impact before and after the application of the recommended mitigation. For detailed discussions of all project impacts and mitigation measures, please refer to the appropriate technical section in Section 4.0, Environmental Setting, Impacts and Mitigation Measures. Neal Road Landfill Expansion Butte County Draft EIR September 2001 2-4 2.0 EXECUTIVE SUMMARY TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Mitigation Measure, Significance Before Mitf atton After Mitigation Hydrology and Water Qualify Impact 4.2.1 The project may affect the Less than No mitigation required. _ water quality of surface waters in the vicinity. significant Impact 4.2.2 The project could lead to an Less than No mitigation required. increase in demand on groundwater supplies. significant Impact 4.2.3 The project could have an Potentially MM 4.2.3a To minimize the potential for impacts Less than adverse impact on groundwater quality. significant to groundwater quality resulting from the significant percolation of discharged supernatant, the supernatant land application rate shall be determined by the Pilot Study. Supernatant application rates and volumes shall not exceed the ' effective operating rates that are determined by the Pilot Study. Timing/Implementation: Prior to installation of Supernatant Overland Flow Treatment System. Enforcement/Monitoring: Butte County Department of Public Works. MM 4.2.3b When existing groundwater monitoring wells are decommissioned and new monitoring wells are installed as part of the landfill expansion project, a new monitoring well shall be located so that potential changes in groundwater quality associated with the Supernatant Overland Flow Treatment System S can be monitored. In consultation with the Regional Water Quality Control Board, Central Valley Region, the Department of Public Works shall establish a water quality monitoring program for the system. Timing/Implementation: Prior to installation of new monitoring well. Enforcement/Monitoring: Butte County Department of Public Works. Butte County Neal Road Landfill Expansion September 2001 Draft EIR 2-5 2.0 EXECUTIVE SUMMARY Impact Significance Mitigation Measure Significance Before Mitigation After Mitigation MM 4.2.3c Within the land application area, the health and condition of planted and natural vegetation shall be visually monitored and maintained to ensure the enhancement of evapotranspiration. Timing/Implementation: Upon commencement of operations of Supernatant Overland Flow Treatment System. Enforcement/Monitoring: Butte County Department of Public Works. • Air Ouality Impact 4.3.1 The project would generate an Potentially MM 4.3.1 a The project shall avoid the use of Less than increase in emissions of ozone precursors. significant internal combustion engines for combustion of significant landfill gases if practicable. If internal combustion engines are used, emission control devices such as catalytic converters shall be installed. The project shall consider the use of alternative means of combustion, such as gas turbines or boilers with turbines. Also to be considered is the accelerated use of clean diesel engines, funding for which may be available through the Carl Moyer Program administered by the California Air Resources Board, but funds are distributed through local air districts. This program offers grants to offset the incremental cost of purchasing cleaner engines or retrofitting older engines. Timing/Implementation: Prior to approval of final plans for landfill gas system. Enforcement/Monitoring: Butte County Department of Public Works. MM 4.3.1 b The following standard mitigation measures shall be applied during module development and operational activities to reduce air emissions. Vehicle and equipment 'idling shall be limited to the greatest extent practicable. • Equipment used by the County and/or the Neat Road Landfill Expansion Butte County Draft EIR September 2001 2-6 i 2.0 EXECUTIVE SUMMARY Impact Significance Mitigation Measure Significance Before Mitigation After Mitigation landfill operator shall be maintained in good working order and comply with any applicable standards for pollutant emissions. Timing/Implementation: During module development and operational activities. Enforcement/Monitoring: Butte County Department of Public Works. Impact 4.3.2 The project would generate an Potentially MM 4.3.2a The following standard mitigation Less than increase in emissions of PM 10. significant measure shall be applied during module significant development and operational activities to • reduce air emissions. • Water active landfill areas at least twice daily or as directed by the Public Works Department. These areas include landfill access roads, services areas, and waste unloading areas. Timing/Implementation: During module development and operational activities. Enforcement/Monitoring: Butte County Department of Public Works. MM 4.3.2b Existing vegetation shall not be removed from the project site until necessary. Cleared vegetation shall be disposed of by legal means other than open burning, such as chipping, shredding, or grinding. Timing/Implementation: Upon commencement of project construction activities. Enforcement/Monitoring: Butte County Department of Public Works. Impact 4.3.3 The project - could affect Less than No mitigation required. _ sensitive receptors in the vicinity. si nificant Impact 4.3.4 The project could be a source Less than No mitigation required. of objectionable odors. significant Biological Resources Impact 4.4.1 The project would have an Less than No mitigation required. impact on onsite populations of Tehama significant navarrettia. Butte County Neal Road Landfill Expansion September 2001 Draft EIR 2-7 2.0 EXECUTIVE SUMMARY Impact Significance Mitigation Measure Significance Before Mitigation After Mitigation Impact 4.4.2 The project could have an Potentially MM 4.4.2a If landfill development is scheduled Less than impact on raptor species in the area, significant to occur during the nesting season (i.e., significant ` particularly the great horned owl. beginning of March through mid-August), the project proponent shall retain a qualified biologist to conduct surveys for nesting raptors prior to initiating construction in, or within 500- feet of, blue oak woodland habitat. In the event that an occupied raptor nest is located, the project proponent shall avoid all landfill development related activities within 500 feet of the nest tree. Construction activities will remain excluded from the 500-foot buffer until a qualified biologist determines that the nest is no longer in use. If no nesting raptors are found in or within 500 feet of the blue oak'woodland habitat, then landfill development activities may proceed. ' Timing/Implementation: Prior to commencement of project construction activities. Enforcement/Monitoring: Butte County Department of Public Works. Impact 4.4.3 The project would have an Potentially MM 4.4 3a In constructing and planting the Less than impact on blue oak woodland in the area. significant landscape berm proposed by the project, significant consideration shall be given to using blue oak trees as part of the vegetation to be planted. Timing/Implementation: Prior to construction of landscape berm. • Enforcement/Monitoring: Butte County Department of Public Works. MM 4.4.3b To help ensure impacts on native oak trees are minimized during project implementation along the southeastern property boundary, the following best management practices shall be implemented: • Identify all native oak trees to be retained (both.in and adjacent to construction and operation areas) before construction or. Neal Road Landfill Expansion Butte County Draft EIR September 2001 2-8 2.0 EXECUTIVE SUMMARY Impact Significance Mitigation Measure Significance Before Mitigation After Mitigation operation begins. • Map the dripline of all native oak trees that are to be retained. Determine the dripline of oak trees that are located immediately adjacent to and just outside the property boundary to determine if and to what extent the dripline extends onto the project site. The dripline is defined as 1.5 times the distance from the trunk to the end of the longest branch. • Prior to the start of construction activities, install temporary fencing (e.g., orange mesh barricade fencing) around the dripline of the trees to be retained (the dripline is defined as 1.5 times the distance from the trunk to the end of the longest branch). Temporary fencing shall also be installed around oak trees that are immediately adjacent.to and just outside the property boundary, where their dripline extends onto the project site. • Minimize soil compaction, paving, and construction within the dripline. • Avoid parking vehicles or staging equipment within the dripline for the duration of the project. Timing/Implementation: Prior to and upon commencement of project construction activities. Enforcement/Monitoring. Butte County Department of Public Works. Impact 4.4.4 The project would have Significant MM 4.4.4a The project proponent shall Less than impacts on onsite wetland features. implement the following Best Management significant Practices regarding wetlands: • Minimize project impacts on waters of the U.S. to the full extent possible by delimiting (flagging or fencing) work areas and construction access routes before ground- disturbing be in. Butte County Neal Road Landfill Expansion . September 2001 Draft EIR 2-9 2.0 EXECUTIVE SUMMARY Impact Significance Mitigation Measure Significance Before Mitigation After Mitigation • Fence wetlands to be avoided to protect these resources during construction and operation and inform contractors and onsite equipment operators of the need to avoid onsite fenced wetlands. • Manage landfill and soil stockpile stormwater runoff to avoid sedimentation impacts to the clay flat wetlands. Timing/Implementation: Prior to commencement of project construction activities. Enforcement/Monitoring: Butte County Department of Public Works. Aesthetics Impact 4.5.1 The project could have an Less than No mitigation required. _ adverse effect on views from adjacent significant highways, especially from SR 99. Impact 4.5.2 The project could create new Less than No mitigation required. _ sources of li ht'in the vicinity. significant Cultural Resources Impact 4.6.1 The project could have a Potentially MM 4.6.1a In the event that any prehistoric or Less than substantially adverse impact on a prehistoric significant historic subsurface cultural resources are significant site. discovered during construction-related earthmoving, trenching, or similar construction activity, all work within 20 meters of the resources shall be halted and the County shall consult with a qualified archaeologist to assess • the significance of the find. If any find were determined to be significant by the qualified archaeologist, then the County and the qualified archaeologist would meet to determine the appropriate course of action. Mitigation measures, as recommended by the qualified archaeologist and approved by the County in accordance with Section 15064.5 of the CEQA Guidelines, shall be implemented prior to recommencement of construction activity. If any bone appears to be human, Neal Rood Landfill Expansion Butte County Draft EIR - September 2001 2-10 2.0 EXECUTIVE SUMMARY Impact Significance Mitigation Measure Significance Before Mitigation After Mitigation. California law mandates that the Butte County Coroner and the Native American Heritage Commission be contacted. If Native American resources are involved, Native American Organizations and individuals recognized by the County shall be notified and consulted_ regarding any plans for treatment. Timing/Implementation: Upon commencement of project construction activities. Enforcement/Monitoring: Butte County Department of Public Works. Traffic Impact 4.7.1 The project would result in an Less than No mitigation required. increase in traffic volumes, potentially affecting significant traffic flows in the vicinity of the project site. Impact 4.7.2 Traffic generated by the Less than No mitigation required. project could increase safety hazards at the significant intersection of Neal Road and State Route 99. Impact 4.7.3 Future increases in traffic to the Significant MM 4.7.3a The County shall post signs along Less than project site could lead to stacking of vehicles Neal Road approximately one-quarter mile from significant on Neal Road at the landfill entrance. the entrance to the landfill site that warn motorists of potential congestion in the area. Timing/Implementation: Prior to commencement of project construction activities. Enforcement/Monitoring: Butte County Department of Public Works. MM 4.7.3b The County shall lengthen the • existing left-turn pocket and install a right-turn lane of adequate size to allow stacked vehicles to wait on Neal Road while allowing through traffic reasonably unimpeded movement. Alternatively, the County shall implement measures to allow for more vehicle stacking on the project site, which may include, but is not limited to, redesign of the entrance road. Timing/Implementation: Prior to final site plan approval. Butte County Neal Road Landfill Expansion September 2001 Draft EIR 2-11 2.0 EXECUTIVE SUMMARY Impact Significance Mitigation Measure Significance Before Mitigation After Mitigation Enforcement/Monitoring: Butte County Deportment of Public Works. Neal Road Landfill Expansion Butte County Draff EIR September 2001 2-12 NEAL ROAD LANDFILL EXPANSION PROJECT EIR PROJECT DESCRIPTION 3.0 PROJECT DESCRIPTION 3.1 PROJECT LOCATION The Neal Road Landfill is located in central Butte County, approximately seven miles southeast of the City of Chico and nine miles southwest of the Town of Paradise (Figure 3-1). The community of Durham is located approximately four miles to the southwest. Regional access to the landfill is provided by State Route 99 (SR 99), a major north-south State highway that traverses the Central Valley. Local access is provided by Neal Road, a County roadway that connects SR 99 and the Town of Paradise. The landfill is located approximately one mile east of the intersection of SR 99 and Neal Road. The landfill is currently located on a 229-acre site, in a sparsely populated area of the County (Figure 3-2). Of the 229 acres, 101 acres is currently permitted as a disposal area. The General Plan designation for the site is Grazing and Open Lands,with a Solid Waste Management Facility Combining Designation overlay. Zoning for the site is "U" (Unclassified). All adjacent lands are located in the Grazing and Open Lands General Plan Designation area, with a small pocket of vacant land directly to the south between the landfill site and Neal Road designated Industrial. All surrounding land is in the "U" (Unclassified) Zoning District. There are some large-lot ranch homes approximately two miles to the west across SR 99. An inactive poultry ranch exists to the southeast across Neal Road. The remaining surrounding land is vacant. 3.2 PROJECT BACKGROUND LANDFILL HISTORY AND EXISTING FACILITIES The Neal Road Landfill began operations in 1965 as a burn dump. In 1970, the operation was converted to a landfill. Butte County, the owner of the landfill, operated the facility from 1970 to 1978. The Neal Road Landfill Company, a Waste Management, Incorporated company, took over the operations in 1978 under contract with the County. The landfill primarily receives solid waste generated by residential and commercial sources from the unincorporated areas of Butte County, the Cities of Biggs, Chico and Oroville, and the Town of Paradise. Recently, the landfill has begun to receive. solid waste from the City of Gridley. The landfill is currently and will continue to be open to the general public seven days a week from 7 a.m. to 4 p.m. The landfill is closed on New Year's Day, Easter Sunday, Independence Day, Thanksgiving and Christmas. Approximately 90 percent of the solid waste that is delivered to the Neal Road Landfill consists of mixed municipal solid waste. The remainder of the waste stream consists mostly of items such as wood waste, tree stumps, tires, concrete and asphalt. Very limited quantities of special wastes, such as treated medical waste, pesticide containers, contaminated soils, digested/dewatered sludge and waste tires, may also be accepted for disposal. Hazardous wastes are not accepted at the landfill. The landfill site encompasses approximately 165 acres, the acreage permitted for a landfill facility under Solid Waste Facility Permit #04-AA-0002 (Figure 3-3). Existing buildings and disposal facilities at the landfill include a landfill entrance gate, landfill equipment and maintenance building, scale and scale house, internal access roads, groundwater production well, refuse Modules 1 through 4, wood waste processing area, used oil collection facility, altered tire disposal pit, temporary storage area for whole tires received for recycling, and prohibited waste materials temporary storage. Other facilities located on the site include a waste oil tank and an aboveground diesel storage tank. Also located on the site are a leachate pond and two Butte County Neal Road Landfill Expansion September 2001 Draft EIR 3-1 d1 �� y � d �,c.�� T—.•jib/ �►� �1 �%! Pry , '' c:w�/x 1� • 'I�F�' �I ri��;�1 � �+ Cy 1 ��K'��. � //,17 •�1� IirA,'�r_-:�- Ali sem; R FA 44 V201"1'04n, 1001 ��, �..` .. � ' •�/� r %�`r�i` ri ��'::�.:.��). :'� '��,?�_.�� `fit+± y� X-Y" Figure USGS 1:100,000, Chico. , 3.0 PROJECT DESCRIPTION septage disposal ponds. Along the western property boundary is a stockpile of lahar deposits of the Tuscan formation. This stockpile is excavated material resulting from landfill module development, and is not a natural feature. Solid waste disposal operations utilize the area fill method. Fill areas are designated as modules. Since 1970, three modules have been developed and filled at the site (Figure 3-4). Footprint areas for these modules vary in size, ranging from 11 acres to 30 acres, and collectively cover an area of approximately 66 acres (refuse footprint). Currently Modules 1 and 3 are being filled. The existing Module 4 is a 35--acre area that is also permitted for land filling. Module 4 has currently been functioning as an excavation area to provide soil for daily cover on the active landfill Figure 3-4 View from the top of Modules 2 and 3, face. facing west. Modules 1 and 3 are unlined (Figure 3-5). A portion of Module 2 has a compacted clay liner and blanket leachate collection and removal system (LCRS). The clay liner and blanket LCRS were installed in Module 2 in a 3-acre area in the northern corner of the landfill site. Based upon the existing Report of Disposal Site Information (RDSI) for the landfill, only two areas at the landfill are designated for composite liner and LCRS installation - Module 4 and the altered tire disposal pit area after the pit is filled and brought to adjacent level grade. It should be noted, however, that the location of the altered tire disposal pit (southwest of existing Module 3) would become part of the proposed landfill expansion area. In addition, all new modules to be developed as part of the proposed project would have a composite liner and LCRS. The landfill has a number of temporary and permanent facilities in place to serve current operational needs of the site. Site facilities include access roads to the facility and support facilities, and environmental monitoring and control facilities. Generally, onsite facilities include the following: scalehouse and scale, equipment and maintenance building, prohibited waste storage bin, waste oil tank, and aboveground diesel storage tank. A separate area of the landfill is reserved for the disposal of waste tires. Vehicles enter and exit the facility through the entrance gate on Neal Road. From the entrance road, the 2-lane main access road directs refuse vehicles to the disposal area. Haul roads, typically 24-feet wide, provide alternate routes for refuse vehicles to the disposal area. During wet weather conditions, the main access and haul roads are covered with a 6-inch base 'of recycled concrete and asphalt, or imported aggregate materials, to maintain drivability. EXISTING LANDFILL OPERATIONS The disposal of solid waste in the proposed landfill expansion areas would be conducted in a manner similar to existing waste disposal procedures. The existing landfill procedures are described below. Butte County Neal Road landfill Expansion September 2001 Dratf E1R 3-5 3.0 PROJECT DESCRIPTION Waste Disposal Procedures After being processed at the scalehouse,waste-hauling vehicles follow signs to the active landfill face (disposal area), where commercial refuse vehicles and private haulers unload their wastes in separate areas. Refuse is placed in lifts averaging 10 to 20 feet thick, with maximum perimeter slopes of 3:1 (horizontal: vertical), or steeper if supported by slope stability analysis. For the maximum incoming waste stream, refuse is spread and compacted by heavy landfill equipment in layers approximately 2 feet thick on a working face sloped at 3:1 or flatter. The compaction equipment traverses the entire length of the working face, making several passes over each layer of refuse to obtain adequate compaction. To prevent bridging of the surrounding refuse, large or bulky wastes may be separated and placed in the lower portion of the advancing lift and thoroughly crushed by the compaction equipment. At the end of the day, the refuse is covered with at least six inches of clean soil or alternative daily cover material, in accordance with Title 27 of the California Code of Regulations (Title 27 CCR). Alternative daily cover consistent with Title 27 CCR requirements may be used, including green waste (plant material), wood waste, inerts and geosynthetic blankets. Placing daily cover over the solid waste serves several functions, including the following: • Minimizing vector (e.g., flies, mosquitoes, rodents) breeding and attraction. Reducing bird and other animal attraction and foraging. • Minimizing water infiltration into the landfill. • Reducing potential fire hazards by limiting the exposure of flammable material. • Controlling blowing paper and other litter. • Controlling release of unpleasant odors. Other practices that are used at the landfill to control potential. nuisance impacts include the ' use of a water truck and enforcement of vehicle speed limits to control dust emissions; portable fences that are placed near the active landfill face and the use of clean-up crews to control litter, particularly during wind incidents; and the use of noise makers to minimize bird foraging at the active landfill face. Waste Processing Facilities Although salvaging is not performed at the working face of the landfill, presorted materials such as altered tires, inert materials (concrete and asphalt demolition debris), and wood wastes have separate disposal areas within the landfill boundaries. All incoming waste materials that are appropriate for salvaging (e.g., whole tires, inerts, and wood debris) are screened at the scalehouse by landfill personnel. After screening, customers are directed to the appropriate stockpile locations. The stockpiles are located away from the waste disposal area to avoid customer confusion and interference with waste disposal operations. The Neal Road Landfill is authorized to accept various types of wastes designated as "special wastes." Special wastes are wastes requiring special handling at the site prior to disposal, or _ wastes that require analysis and testing prior to acceptance due to their component make-up. These wastes include treated (sterilized) medical waste, triple-rinsed pesticide. containers, contaminated soils containing less than 100 parts per million (ppm) total petroleum hydrocarbons, and non-hazardous dewatered sewage sludge. Altered (not whole) waste tires are also disposed at the landfill. Buffe County Neal Road landfill Expansion September 2001 Draft EIR 3-7 3.0 PROJECT DESCRIPTION The Neal Road Landfill is not permitted to accept or dispose of hazardous wastes or materials. To minimize the potential for household hazardous waste and other hazardous materials to enter the landfill, customer notification and waste inspection programs have been implemented. The customer notification program includes signs at the landfill entrance that list prohibited wastes and that inform customers that waste loads may be inspected. A load-checking program is also implemented at the landfill to prevent hazardous wastes from being disposed of at the landfill. Visual inspections of waste loads occur at the scalehouse, at the working face, and with random load checks. Construction and demolition wastes are checked for materials that have the potential to contain asbestos. -If possible, unacceptable wastes are returned to the customer, along with instructions for proper disposal. If unacceptable wastes cannot be returned to a customer, and it is safe to do so, the wastes are temporarily kept in a hazardous waste storage bin until they can be properly disposed. This bin is located near the project entrance adjacent to the scale and scale house; this bin is a temporary facility and can be moved if necessary. Prohibited wastes are removed from the storage facility approximately once every 90 days for proper disposal by a licensed hazardous waste management company. Should circumstances indicate a significant safety hazard is presented by the above procedures, the landfill may elect to call in a hazardous waste contractor. Leachate Drainage and Monitoring In 1990 and 1991, portions of Module 2 were developed for waste placement. The construction project included installing a compacted clay liner and blanket type leachate collection and removal system (LCRS) in the 2-acre area, along with a retrofitted toe drain LCRS which collects leachate from Module 2 and the northern perimeter of Module 1 and the southern perimeter of Module 3. Landfill leachate is collected in the Module 2 blanket LCRS and the Modules 1 and 3 perimeter LCRSs and transmitted to the Class II surface impoundment (leachate pond). Leachate collection is directly related to precipitation amounts. Typically, following the first couple of significant rains, leachate is collected and transmitted to the surface impoundment. The flow rate of the leachate discharged into the pond has been approximately 3 to 5 gallons per minute maximum during the rainy season. During the dry season, the flow rate typically drops to zero (DeWeese, pers. comm.). The existing capacity of the surface impoundment (to freeboard elevation) is 1,989,000 gallons (Butte County, 1997, pg. 29). The Butte County Solid Waste Manager, on a weekly basis, monitors leachate discharge into the Class II surface impoundment. Estimated discharge rates and the amount of freeboard existing in the surface impoundment are noted during these inspections. The blanket and perimeter LCRSs were approved by the RWQCB as being in compliance with Waste Discharge Requirements (WDR) 88-190. The landfill operator monitors for existence of leachate seeps and performs necessary work to impede the flow of leachate from the refuse fill. Typically, remedial measures include adding extra soil cover to"patch"the leachate seep. Groundwater Monitoring A groundwater monitoring system is in place at the landfill. There are six groundwater monitoring wells that are sampled and analyzed quarterly, in accordance with the program prescribed by the RWQCB to satisfy regulatory requirements contained in the WDR Orders No. 88-190 and 93- 200. The groundwater wells are sampled and analyzed annually for volatile and semi-volatile organic compounds and for metals. In addition, the landfill site has eleven lysimeters that Neal Road Landfill Expansion Butte County Draft EIR September 2001 3-8 3.0 PROJECT DESCRIPTION monitor soil moisture and its contents. Refer to Section 4.2, Hydrology and Water Quality, for a more detailed discussion of the groundwater monitoring system. Septage Ponds The Butte County Department of Public Works operates and maintains two Septage containment ponds, located adjacent to the Neal Road Landfill. Pond No. 1 was placed in service in 1993. Pond No. 2, constructed in response to diminishing capacity in Pond No. 1, was placed in service in 1997. Both ponds are constructed as double-lined containment ponds. Combined, the two ponds provide approximately 25 million gallons of storage capacity. The pond liners have been designed to prevent percolation into the groundwater table. The septage ponds receive approximately 52 million gallons iYear of residentialI .. septage, which is discharged into Pond No. 1. The Pond No. 1 design estimated that maximum capacity would occur in 5 to 7 years after its construction. However, higher than normal precipitation events filled the pond earlier than predicted and maximum capacity was reached in Pond I � No. 1 in just four years. This loss of capacity resulted in the construction of Pond No. 2, which was completed in 1997. Several years of greater than normal precipitation have resulted in Ponds . No. 1 and 2 Figure 3-6 View overlooking the exisfing leachate and reaching capacity by March 1999 (Flgure septage ponds. 3-6). Evaporation from these ponds does occur during the warm months; however, precipitation and septage input exceed evaporation rates. Although the ponds are currently at capacity, the landfill employs,a method of pumping supernatant and transporting it to wastewater treatment plants in the Chico and Oroville for disposal. Septage is deposited via a dumping station at the northeast corner of Pond No. 1. The solid portion of the septage settles in this pond. Supernatant, the liquid portion of the septage, is decanted into Pond No. 2 via a conduit that has been installed between the.two facilities.To allow for continued disposal onsite, supernatant is then pumped and transported by truck to Chico or Oroville. Disposal of the solids from into Pond No. 1 will not occur until the facilities are either eliminated or relocated. At that point, the ponds would be drained via pumping and the remaining solids allowed to dry. The solids would then be tested to determine the level of hazardous constituents (i.e., pathogens, metals, etc.) and either deposited in the landfill or removed and transported by a qualified waste hauler to an appropriate permitted disposal facility. EXISTING LANDFILL CAPACITY Based on,current disposal rates and the permitted maximum fill elevations of 495 feet above mean sea level (MSL), the remaining permitted fill capacity (refuse and cover soil) of the landfill (Modules 1, 2, 3, and existing Module 4), as of June 23, 1999, is approximately 2,486,000 cubic yards. Assuming a 4-to-1 refuse-to-soil ratio, the remaining refuse capacity is 1,989,000 cubic yards (1,292,900 tons). According to current estimates the remaining capacity of the existing Butte County Neal Road Landfill Expansion September 2001 Drag SR 3-9 3.0 PROJECT DESCRIPTION refuse footprint for Modules 1 through 3 should provide site life to approximately 2005; with Module 4 the landfill capacity would be reached in 2018 (Butte County, 1997). As described above, the existing permitted landfill area could provide capacity through the next five years. However, the County has initiated preparation of a Joint Technical Document (JTD) and a Master Facilities Plan that addresses the planned progression of the landfill through ultimate closure of the site. Although landfilling in Module 4 could proceed under the existing permit, one of the primary objectives of both the JTD and Master Facilities Plan is to facilitate permitting of some small pocket areas adjacent to the north and south sides of Modules 1 through 3, so that liners can be installed and those areas filled prior to moving to Module 4. This would allow partial closure to be completed more quickly in older unlined cells and create an orderly progression of partial closure from the eastern boundary of the site to the west. This approach would reduce the potential for groundwater impacts and gradually eliminate the need for long-term maintenance of an intermediate cover system over a broad area. WASTE GENERATION PROJECTIONS The quantity of wastes received at the landfill depends, in part, upon residential, commercial and industrial growth and activity, and upon waste diversion activities of the jurisdictions that are served. Because the landfill operator and the County do not have direct control over these factors, the actual waste quantities received vary. For the year 2000, the Neal Road Landfill accepted approximately 151,738 tons of solid waste for disposal (California Integrated Waste Management Board, 2001). This results in an average disposal rate of approximately 421 tons of waste each day that the landfill is in operation - a small decrease from the 1999 disposal rate of 435 tons per day. Peak waste disposal rates are 'approximately 1,200 tons per day, the maximum amount permitted by the Solid Waste Facility Permit. Estimates of future waste disposal rates have assumed that the amount of waste sent to the landfill would increase at a rate of 3.3 percent per year, similar to the anticipated average rate of population growth within the landfill wasteshed. Representative estimates of average daily and annual waste disposal rates for the Neal Road Landfill are provided in Table 3-1. Consistent with permitting requirements, peak day tonnage estimates are presented for the five-year period 2000-2004. 3.3 PROJECT OBJECTIVES The objectives of the proposed project are as follows: To increase the capacity of the Neal Road Landfill in order to accommodate future waste generation within the landfill's service area. • To extend the life of the existing landfill site, thus avoiding the need to establish another landfill in another location. • To comply with applicable Federal and State regulations concerning solid waste disposal and landfill design and operations. • To dispose of landfill gas and supernatant fluid in a manner that is environmentally safe and cost-effective. Neal Road Landrill Expansion Butte County Draft EIR September 2001 3-10 3.0 PROJECT DESCRIPTION TABLE 3-1 ESTIMATES OF ANNUAL AND DAILY WASTE DISPOSAL RATES Year Annual Tonnage Daily Average tons Peak Day tons 2 2000 215,1001 600 1,200 2001 222,200 620 1,200 2002 229,500 640 1,200 2003 237,100 660 1,200 2004 244,900 680 1,200 2005 253,000 700 2010 297,500 830 2015 349,900 970 2020 411,400 1,140 2025 484,000 1,340 2030 569,300 1,580 2034 648,200 1,800 Notes-Annual tonnage based on 1999 County-generated disposal tonnage of 208,253 tons and annual increase of 3.3 percent. Estimates are based on 360 operational days per year. 1) Actual tonnage disposed was 151,738. 2) Calculations for the peak day tons have been calculated for a five-year period pursuant to permitting requirements. Years 2005-2034 have been intentionally left blank. The 1,200-ton figure is the current maximum permitted tonnage per day under the landfill's Solid waste Facility Permit. Changes in the peak day tonnage would require a change to the permit. Source: Joint Technical Document, Neal Road Landfill, Butte County, 2000. 3.4 PROJECT CHARACTERISTICS The environmental analysis contained in this EIR is based upon a review of the proposed Neal Road Landfill Expansion project, including the installation of the Supernatant Overland Flow Treatment System (SOFTS), and the information contained in the Joint Technical Document (JTD) for the project. The information included in the JTD is hereby incorporated by reference and is summarized below. The JTD is available for public review at the Butte County Department of Public Works office, located at 7 County Center Drive, Oroville, California. LANDFILL EXPANSION The Neal Road Landfill expansion project would result in a vertical (height) and horizontal (land area) expansion of the existing landfill. A map of the proposed expansion is shown in Figure 3-7: Figures 3-8 and 3-9 present cross sections of the proposed expansion project. The landfill currently has a permitted disposal area of 101 acres, which includes Module 4. The proposed project would expand the current landfill operations to include a vertical expansion from a maximum elevation of 495 feet to approximately 500 feet and a lateral expansion of approximately 74 acres. At buildout, the landfill refuse footprint would be approximately 140 acres. This would be entirely within the 165 acres owned by the County, and would not require the acquisition of additional property. An existing buffer and setback area around the perimeter of the landfill site, varying from 30 to 100 feet in width, would remain after completion of the project. Butte County Neal Rood Landoll Expansion September 2001 Draft EIR 3-11 3.0 PROJECT DESCRIPTION The proposed vertical and horizontal expansion would increase the landfill's remaining fill capacity. After considering the volume of soil required for the liner system, general earthfill, final cover, and operating provisions for daily and intermediate soil cover, the total remaining fill capacity for the existing landfill would be approximately 25,618,200 cubic yards. Based on a 4- to-1 refuse-to-soil ratio and an initial refuse density of 1,300 pounds per cubic yard, the refuse capacity of the landfill is approximately 20,494,600 cubic yards (13,321,500 tons). The landfill operator, Waste Management, has proposed the initial refuse density, which would become greater from the surcharge loading of successive refuse lifts. Based on the 1999 average daily disposal rate of 435 tons of solid waste per day, regaining waste that is currently disposed outside the County, an annual population growth rate of 3.3 percent per year within the landfill service area, and the current diversion rate for recyclable materials, the increased capacity created by the proposed project may extend the service life of the landfill to approximately 2034. It should be noted that changes in the preceding assumptions might change the estimated landfill service life. The proposed expansion of the landfill would be designed, constructed and operated to comply with the applicable requirements of Title 27 CCR,which combines the landfill design and operation requirements of the CIWMB and the RWQCB. Landfill design and environmental control measures that would be part of the proposed project are described below. Drawing 2 of the JTD, incorporated by reference, depicts the limits of excavation, excavation contours and slopes. Excavation and base preparation of an excavation cell would be conducted while the adjacent fill module is accepting refuse. Fill module development generally follows cell excavation and base preparation, with excavation of a cell in the upcoming fill module supplying soil material for the current fill module. Excavated soil not needed for immediate landfill operations would be stockpiled for use as needed. The soil stockpile plan is available in the JTD. Additional soil, if needed, would be obtained from borrow sources or imported. The planned excavations would provide approximately 5.7 million cubic yards of soil. The resulting topography of the excavated site would resemble a large basin, with a series of 20-foot wide benches forming slopes around the edges. The slopes would vary in elevation from approximately 320 feet above mean sea level (MSL) to approximately 170 feet r above MSL. The bottom of the excavated area would be a large, relatively flat area that would be approximately 150 feet above MSL at its lowest point. Final landfill slopes would be constructed no steeper than 3:1 (horizontal: vertical). To create a slope designed to minimize erosion and future maintenance, 20-foot wide benches would be constructed at approximately 50-foot elevation change intervals. The topdeck final grades would not be flatter than 5 percent, in order to provide sufficient slope for surface water runoff after anticipated settlement of the underlying waste fill. The entire landfill would be covered with a final cover designed to minimize infiltration of precipitation. Landfill topdeck -and sideslope areas would receive final cover designed to meet the requirements of regulations applicable at the time of construction. Suffe County Neal Road Landfill Expansion September 2001 Draft EIR 3-15 3.0 PROJECT DESCRIPTION LANDFILL SEQUENCE PLAN Landfill areas would be excavated sequentially in a series of cells to obtain the soil necessary for landfill development and operations, and to allow the base and sideslopes of the excavated cells to be prepared for lining and landfilling. The sequencing is intended to minimize soil handling requirements, maintain fill slope stability, 'and to provide adequate site access and drainage throughout the operation of the landfill. The proposed landfill sequence plan would result in the staged construction and operation of a series of cells that would be used for waste disposal operations. Figure 3-7 displays one proposed sequencing plan, which has not yet been -finalized. Each cell would provide between two and twelve years of solid waste disposal capacity. The excavation of a landfill cell, including the preparation of the side slopes and base for future waste disposal operations, would be conducted while an adjacent cell is being used for the disposal of solid waste. LANDFILL COVER Soil cover would be placed and compacted as required by 27 CCR' 21600(b)(6), 20680, and 20700: Standards for cover would be followed as described in 27 CCR 20705. This requires six inches of compacted daily cover and one foot of compacted intermediate cover to be placed on the working face and the top and sideslopes, respectively, of each advancing lift. Cover materials would be graded and compacted to prevent ponding of surface water over wastes, to direct runoff from the active waste area, and to minimize potential erosion caused by a 100- year storm event to the extent possible. Daily cover is placed and compacted at the end of the operating day. Alternative daily cover (ADC) may be utilized consistent with 27 CCR 20690. Allowed ADC includes geosynthetic blankets, foam products, processed green material, sludge and sludge-derived materials, ash and cement kiln dust materials, treated auto shredder residue, contaminated sediment, dredge spoils, foundry sands, processed exploration and production wastes, compost materials, construction and demolition wastes, and shredded tires. Consistent with 27 CCR 21600(b)(6)(C) and 20700, a minimum one foot of compacted intermediate soil cover would be placed on refuse disposal areas not receiving wastes for more than 180 days. I To minimize the long-term potential for water infiltration into the landfill, as well as water and wind erosion of the landfill surface, a layer of final cover would be designed, installed, and maintained in accordance with the requirements of CCR Title 27 and EPA Subtitle D. One option for the final cover would include several layers, consisting of the following materials: • Foundation Layer. This component of the final cover would consist.of two feet of compacted soil material that would be placed over the disposed refuse. The foundation layer would include a one-foot layer of soil that would be placed as intermediate cover after the completion of waste disposal operations and an additional one-foot layer of soil. • Low Permeability Layer. Consistent with the requirements of Title 27, a one-foot layer of low permeability soil would be placed over existing landfill modules 1-3. This layer of soil would have a permeability rate of less than 1 x 10 -6 centimeters per second. Also consistent with the requirements of Title 27, the low permeability layer that would be provided over the proposed lateral expansion areas would consist of a Neal Road Landfill Expansion Buffe County Draft EIR September 2001 3-16 3.0 PROJECT DESCRIPTION geomembrane over a layer of compacted soil having a permeability rate of less than 0.00001 centimeters per second. Vegetative Layer. This component of the final cover would consist of a one-foot layer of soil that is capable of supporting plant growth. Revegetation. The final component of the final cover would consist of the establishment of plant material over the entire landfill surface. The plant material helps to stabilize the soils, minimize water infiltration, and reduce wind and water erosion of the final cover soil materials. Drought-resistant grasses are often used as the final cover plant material. Plant types that are selected will have shallow rooting systems. Other designs and materials may be used. The final design of the cover system would be reviewed and approved by responsible agencies prior to construction. LANDFILL LINER AND LEACHATE COLLECTION AND REMOVAL SYSTEM The portions of the project site that would be used for the horizontal expansion of the landfill would be provided with a low-permeability liner system. The lining system would be designed to contain leachate that may be produced within the landfill. Leachate is liquid that has flowed through solid waste. The final lining system cross section would be reviewed and approved by the appropriate responsible agencies, including the RWQCB, and would meet CCR Title 27 requirements. To remove leachate that may accumulate in the landfill, a leachate collection and removal system (LCRS) would be provided as part of the proposed liner system. The base of the landfill would be contoured so that fluids would be directed to leachate collection pipes, and then to, one of several proposed leachate collection sumps. The leachate collection drains and sumps will be sized to carry a minimum of twice the estimated peak daily volume of leachate and to prevent leachate on the landfill base liner from exceeding a depth of 1 foot. From the sumps, pumps would extract the leachate and convey it through a perimeter force drain to the onsite leachate storage/evaporation pond, or the landfill would be developed as a bioreactor with the leachate recirculated back to the landfill. Please refer to the Final Grading and Drainage Plan in the JTD. The leachate pond would be designed to comply with CCR Title 27 construction requirements for Class II (designated waste) surface impoundments. This would include the provision of a 'double" liner, consisting of a geosynthetic clay liner, leak detection/leachate collection and _ removal system, and a minimum 60-mil geomembrane. The leachate pond would include a berm around the perimeter of the pond to prevent runoff water from entering the pond. The proposed liner and LCRS would be designed and installed in accordance with the requirements.of CCR Title 27 and of RWQCB Order 93-200 (or future revised WDRs that supersede this order),which implement the,requirements of the U.S. Environmental Protection Agency (EPA) Subtitle D. To ensure that the liner and LCRS are installed in accordance with approved project plans, a construction quality assurance plan would be prepared and implemented. Butte County Neal Road Landfill Expansion September 2001 Draft EIR 3-17 3.0 PROJECT DESCRIPTION EXISTING LEACHATE STORAGE/EVAPORATION POND RELOCATION The proposed lateral expansion of the landfill to the west would result in the construction of a landfill lining system in the area that is presently occupied by the existing leachate pond and two septage ponds (storage/evaporation surface impoundments for wastewater removed from septic tanks). Therefore, the proposed landfill expansion project includes the relocation of both types of ponds. The relocation area for the leachate pond is to the west within the remaining portion of the property outside of the expanded landfill area. It should be noted, however, that the identification of a clay flat wetland in that area has minimized the amount of useable space for the location of facilities, including the leachate pond, septage ponds and sedimentation basin (May Consulting, 2000). The leachate pond,which must remain onsite,would be designed to avoid disruption of the wetland, and thus would most likely be located in the southwest corner of the project site. For this analysis, it has been assumed that areas outside the wetland would be disturbed by landfill development and associated facilities.The septage ponds are discussed later in this section. RELOCATION OF ANCILLARY FACILITIES The landfill has a number of temporary and permanent facilities that have been established to serve the current operational needs of the site. These facilities include the following items: scalehouse and scale, administrative office and employee breakroom, equipment and maintenance building, prohibited waste storage bin, waste oil tank, agricultural oil collection facility, and aboveground diesel storage tank. There are also three nonpotable water storage tanks on the site, which are used for landfill dust control, fire suppression and other landfill maintenance activities. As the landfill expands through the site, the ancillary facilities listed above will need to be relocated. Because of space limitations within the landfill property itself, it is anticipated that these facilities would eventually be re-established on an adjacent parcel to the south. Roads that provide access to various areas within the site would gradually be moved along the southern boundary of the property over time. The existing gatehouse would be relocated onsite just west of the existing landfill entrance, although the precise location has not yet been identified. DRAINAGE CONTROL It is the intent of the proposed landfill storm water drainage system to efficiently transmit stormwater from the landfill, thereby minimizing to the extent possible the infiltration of stormwater into the landfill. While the Neal Road Landfill is in operation, storm water would be managed through the use of a series of temporary and permanent drainage ditches, berms and drains. The JTD contains the drainage plan for the project. Runoff from the top deck portion of the landfill would be directed towards earthen berms and overside drain inlets, which would minimize erosion caused by sheet flow runoff over the top of the landfill onto the side slopes. Runoff flow lengths down the landfill side slopes would be minimized by the use of benches and interceptor channels. The bench channels would be constructed with a minimum gradient of two percent, and collected water would be directed to downdrain inlets. After entering the downdrain inlets, water would be conveyed to a perimeter drainage ditch at the base of the landfill. Permanent ditches that would be part of the landfill storm water drainage system would be lined as needed to minimize the infiltration of Neal Road landfill Expansion Butte County Draft EIR September 2001 3-18 3.0 PROJECT DESCRIPTION water. All ditches, pipes and inlets would be sized to convey storm water flows resulting from a 100-year, 24-hour storm at acceptable velocities. Where necessary, downdrains would be provided with energy dissipating systems to minimize potential erosion impacts. Runoff water from the perimeter drainage ditch would be directed to a proposed sedimentation/storm drainage retention basin. The sedimentation/storm drainage retention facility (or sedimentation basin) would be constructed within the portion of the property to the west of the maximum extent of the landfill. The most likely location for this type of facility is within the area that is currently occupied by the small ephemeral drainages in the western portion of the site; however, the location of the sedimentation basin would be designed to avoid disruption of the clay flat wetland. Construction of the sedimentation basin would result in some recontouring of the existing ephemeral drainages. The linear footage that could potentially be impacted by these activities is estimated to be between 300 and 1,794 feet. Site elevations in the area will also be modified to slow the flow of water into and out of the pond so that sediments can settle. Similar to existing surface water discharges from the landfill property, water that is discharged from the sedimentation/storm water retention basin would enter an offsite creek that is located to the west of the project site. LANDFILL CTAS MANAGEMENT PLAN The production of landfill gas results from the bacterial decomposition of organic wastes that are placed in the landfill. Landfill gas consists mostly of methane and carbon dioxide, typically having an energy content of about 500 British thermal units (Btu) per cubic foot. However, trace amounts of other substances may also be present: Methane is lighter than air and tends to rise, exiting through the landfill cover if it is sufficiently permeable. However, if this path is sealed by rain-saturated cover soil, impermeable synthetic membrane or low-permeability clay soil, the methane may migrate laterally through the soil. Because methane concentrations of 5 to 15 percent by air volume create a potential hazard for fire or explosion, gas migration is of concern. Monitoring for emissions of methane gas along the landfill property boundary and within landfill- related structures is being performed on a quarterly basis. This monitoring program has riot identified detectable concentrations of landfill gas. Also, in accordance with New Source Performance Standards/Emission Guidelines for municipal solid waste landfills (40 Code of Federal Regulations 60.75) a field test was performed.at the Neal Road Landfill in 1998 to develop site-specific parameters that were used to estimate non-methane organic compounds (NMOC) emissions from the landfill. Based on the field test data, it was estimated that NMOC emissions from the landfill are 19.6 megagrams per year. This emission rate is less than the regulatory threshold of 50 megagrams per year. Although landfill gas does not currently exceed regulatory threshold standards, it is anticipated that a landfill gas extraction and collection system would be designed and installed at the landfill. A typical landfill gas collection system consists of collection wells, condensate collection system, and a blower. Collection wells can either be vertical or horizontal. Vertical collection wells are typically installed after a landfill area is at or near final grade. Horizontal collection wells are generally placed in active landfill areas as waste is placed. Both vertical and horizontal collection wells are constructed from perforated pipe. Vertical wells are drilled into the waste and gravel is backfilled around the perforated pipe. . Horizontal collection wells are normally trenched into the waste and permeable backfill is placed around the perforated pipe that is placed in the trench. Each well is connected to lateral piping that transports the gas to a main collection header pipe via the blower. Butte County Neal Road Landfill Expansion September 2001 Draft EIR 3-19 3.0 PROJECT DESCRIPTION Landfill gas is generally saturated with liquid as it leaves the landfill. As the warm gas leaves the landfill, it cools and the moisture in the gas condenses and collects in the lateral piping and main collection header pipe. The lateral piping and main collection header pipe are normally sloped so that condensate flows to a tank or trap where the condensate is collected. The collected condensate may be disposed either onsite or in an offsite treatment system. A blower is used to apply a vacuum to the collection system and pull the gas from the collection wells and through the piping system. A compressor may be used to compress the gas before it goes to an energy recovery system. Once the landfill gas is collected, it is either combusted in a flare, used .to evaporate landfill leachate or in other landfill operations, or used in an energy recovery system if there is a market or use for energy. As part of the environmental analysis, the EIR will evaluate the potential impacts of all three methods of landfill gas disposal. The flare is normally an enclosed flare that allows controlled combustion of the landfill gas to minimize emissions from the flare. A candlestick flare may sometimes be used as a backup when there is an energy recovery system. Landfill gas can also be used as a fuel. Several technologies are available that use landfill gas as an energy source to evaporate landfill leachate. The technologies involve combusting landfill gas in specially designed equipment. The hot combustion gas is conveyed to the leachate evaporator where it is used to evaporate the leachate. Landfill gas can also be used as a vehicle fuel. Most often, the gas is treated to remove moisture and particulates before compressing. Vehicle engine carburetors are modified to use the compressed landfill gas, which has a lower energy content than standard, vehicle fuel. Another technology that is gaining interest is using landfill gas to produce liquid natural gas (LNG). The landfill gas is purified by a combination of moisture removal and adsorption. The carbon dioxide is then separated from the gas using a cryogenic process that liquefies the methane at the same time. LNG is typically used to fuel converted diesel vehicles. The purpose of an energy recovery system is to convert landfill gas into a usable energy form, such as pipeline quality gas, electricity, steam, or vehicle or other fuel. .The most common energy recovery project is the use of landfill gas as a fuel for power generation. The power can be used on site or sold to a utility or nearby power customer. Internal combustion engines, combustion turbines, and boiler/steam turbines are often used to power electrical generators. Internal combustion engines are the most common conversion technology used for power generation, and are generally used for projects generating less than 4 megawatts (MW) of electricity. Combustion turbines are often used on medium to large projects (greater than 4 MW). Combustion turbines require landfill gas to be compressed to 150,pounds per square inch or greater. GROUNDWATER QUALITY MONITORING A groundwater quality monitoring system is in-place at the landfill. The current groundwater monitoring network consists of.six monitoring wells, MW-1 through MW-4, MW-6, and MW-7. Existing monitoring wells, with the exception of MW-4, are located within the future development area. A separate plan for decommissioning and replacing monitoring wells will be submitted to the RWQCB for review and approval. The plan will include a schedule. for replacing the monitoring wells. Neal Road Landrill Expansion Butte County Draft EIR September 200 3-20 3.0 PROJECT DESCRIPTION All groundwater wells are sampled and analyzed quarterly in accordance with the program prescribed by the RWQCB to satisfy regulatory requirements contained in the Monitoring and Reporting Program that is part of WDR Order No. 88-190, as revised in August 1991. Additionally, the groundwater wells are sampled and analyzed annually for volatile and semi-volatile organic compounds and for metals. Currently, the County is updating the Corrective Action Plan (CAP), which applies to groundwater impacts, for the existing landfill operations. A draft updated CAP is scheduled to be completed and submitted to the RWQCB by the end of September 2001. As part of the CAP update process, an expanded Evaluation Monitoring Program (EMP) has been developed. The EMP proposes five additional monitoring wells, four of which would be located down-gradient from the landfill site. The wells would be bored sing a rotary rig capable of air and mud rotary drilling. Each boring would be drilled or reamed to 8-inch nominal diameter to accommodate a 4-inch diameter monitoring well. Continuous coring would be conducted in accordance with ASTM D 2133-99 using NQ wireline core drilling equipment. The wells themselves would be constructed using SCH 40 PVC screen and casing. Each well would be constructed with a 20-foot screened interval consisting of 0.020-inch slotted casing. Centralizers would be placed at the top and bottom of the screened interval and at 40- foot intervals between the top of the well screen and the ground surface. The well section above the screened section would consist of flush-threaded, 4-inch diameter, Schedule 40 PVC blank casing, extending to approximately three feet above the ground surface. A continuous filter pack, consisting of washed and packaged Lonestar #3 sand or the equivalent, would be placed in the annular space between the screen section and the wall of the boring. A three to five-foot layer of bentonite clay pellets would be placed above the filter pack, to minimize downward migration of the grout seal into the pack. Bentonite grout would be placed continuously from the pellet layer to less.than one foot below grade using tremmie pipe. For wells less than 200 feet in depth, bentonite-cement grout would be used. Once the monitoring wells are installed, the EMP proposes aquifer pumping tests at selected site wells to assess the water=bearing zone's hydraulic conductivity and transmissivity. Also, a chemical investigation of groundwater would be conducted to assess the potential source of constituents of concern (COCs) in the groundwater beneath the landfill site. A soil, groundwater and surface water investigation would be conducted in the "tire pit" area of the project site to determine its potential as a source of COCs. Based upon the results of these tests, corrective actions would be taken to bring COC levels found in groundwater down to acceptable limits. These actions would become part of the updated CAP. FINAL LANDFILL ELEVATION AND CONTOURS After the completion of waste disposal activities, the completed landfill refuse footprint would occupy approximately 140 acres, and would have a maximum height of approximately 500 feet above sea level. The finished landfill contours would be approximately 100 to 220.feet above surrounding natural grade. The top deck of the landfill would have a slope of approximately five percent to facilitate the drainage of storm water. The landfill side slopes would have an average gradient of 3:1 (horizontal: vertical); and 20-foot wide benches would be provided at approximately 50-foot elevation intervals. The final contours of the landfill side slopes would be slightly undulating, and corners would be rounded so that the landfill has a more natural appearance. The final contours of the expanded landfill are depicted in the JTD drawings: Final Grading and Drainage Plan, Sections (Sheet 1 of 2, and 2 of 2, respectively), and Details (Sheet 1 of 2, and 2 of 2, respectively). Butte County Neal Road Landfill Expansion September 2001 Draft EIR 3-21 3.0 PROJECT DESCRIPTION LANDFILL CLOSURE AND POST-CLOSURE MAINTENANCE A preliminary closure and post-closure maintenance plan are included in the JTD and submitted to the Local Enforcement Agency (LEA), RWQCB and CIWMB for review and approval. The preliminary closure and post-closure plan describes the closure design, including the decommissioning of environmental monitoring facilities, final cover and grading, slope protection and erosion control, environmental monitoring systems, closure schedule, and estimated closure cost. The post-closure maintenance plan describes activities to be performed during the minimum 30-year post-closure maintenance period, including post-closure end use, monitoring and inspection procedures for the final cover, vegetation, drainage system, leachate control system, gas monitoring system, groundwater monitoring system, final grading, and estimated post-closure maintenance cost. The structures anticipated to remain onsite to support post-closure maintenance activities include the entrance/security gate and perimeter fencing, the stormwater sedimentation basin, drainage structures, and the leachate evaporation pond. Also anticipated to remain are the landfill gas collection system and the leachate collection and disposal system. LANDSCAPE BERM In September 1996, Butte County purchased 64 acres of property adjacent to the Neal Road Landfill. As a condition of the sale, the County was to plant trees along the western and northwestern boundaries of the property to serve as a visual buffer. To meet this condition, a landscape berm would be constructed as part of the proposed project. The berm would provide a bed for the growth of trees and/or other vegetation. Approximately 25 blue oak trees would be planted on'the berm;along with other vegetation (Jim DeWeese, pers. comm., 2001). While the berm.would be constructed at the same time as'the project, it has already received a Notice of Exemption from the Butte County Planning Division. The landscape berm would consist of local and imported soil and would be located within on area designated as a buffer between the landfill and the western and northwestern property boundaries. The berm would consist of section varying in length from 50 feet to 200 feet. The height of the berm would not exceed three feet above existing grade, and the width would be four feet at the upper surface. Side slopes would be constructed at a ratio of 1.5 horizontal to 1.0 vertical. To minimize the effect of the berm on storm water flows, 100-foot gaps would be provided between sections. Existing waterways would not be obstructed by berm construction (Butte County Department of Public Works, 2001). To provide initial growth, an irrigation system would be installed. It would consist of approximately 2,500 feet of buried pipe and two water storage tanks with capacities of 500 gallons and 1,500 gallons. Irrigation of vegetation would be accomplished via risers, valves and drip hose. The irrigation system storage tanks are proposed for removal once it is determined that the vegetation would be self-sustaining. This is estimated to occur in three to five years (Butte County Department of Public Works, 2001). Construction would occur during the daylight hours between 6 a.m. and 6 p.m. The estimated number of truck trips importing soil to the site is 110. Access roads would be watered to.mitigate airborne dust. Access to the construction site would be limited to landfill and construction personnel only. An area of prohibited access,which corresponds to a clay flat wetland, extends from the lahar stockpile and runs through the buffer area to the landfill boundary. To avoid disturbing.this area, berm construction would be terminated outside the prohibited access area. Neal Road Landfill Expansion Butte County Draft EIR September 2001 3-22 3.0 PROJECT DESCRIPTION Vehicular traffic would be prohibited in and around this area through signing and limiting access routes for construction equipment and soil import to existing internal roads (Butte County 'Department of Public Works, 2001). Septage Ponds and Supernatant Overland Flow Treatment System �. Septage Ponds As described previously, the proposed lateral expansion of the landfill to the west would result in the construction of a landfill lining system in the area that is presently occupied by a leachate pond and two septage storage/evaporation surface impoundments (ponds). The anticipated relocation of the septage ponds feature would be near the southern border of the project site. However, with the identification of a clay flat wetland, which reduces the amount of useable space for the septage ponds, leachate ponds, and sedimentation basin; the County is now considering possible offsite locations for the septage ponds. A replacement settling pond and evaporation pond would be provided, designed similarly to the existing septage ponds. A berm would be installed around the perimeter of the ponds to prevent stormwater runoff from entering the ponds. Septic tank pumping' trucks would discharge into the settling pond, and after the solids have settled, the supernatant fluid would be transferred to the evaporation pond or the proposed overland flow area (refer to the description of the Supernatant Overland Flow Treatment System below). It is proposed that the ponds are to be located onsite; in the western portion of the expanded, landfill site. The-ponds would be,located and designed to avoid any impact or disruption to the clay flat wetland. As stated previously, for this Initial Study Checklist and subsequent EIR analysis it has been assumed that areas.outside the wetland would be disturbed by landfill disposal development and associated facilities. Supernatant Overland Flow Treatment System The,Supernatant Overland Flow Treatment System (SOFTS) would be used to provide additional septage supernatant (fluid from septic tanks) disposal capacity on the landfill property in the near.term. The system would operate through the controlled application of supernatant fluid to S' the ground surface to enhance evaporation. The SOFTS is not part of the JTD, but it is considered a part of the expansion project and is evaluated in this EIR. The purpose of the proposed SOFTS would be to enhance the evaporative disposal of septage pond supernatant through the controlled application of supernatant fluid to the ground surface. The proposed land application area, approximately four acres in size, would be located in the southwestern corner of the landfill property, west of the proposed landfill expansion area. The proposed project area is located on a gentle northwest-facing slope that has an average gradient of approximately six percent. The County is currently conducting a six-month Pilot Study of_this project over a limited area. If the Pilot Study is successful, the land application project would be expanded to encompass an area of approximately four acres. Overland Flow Operation The land application system would be operated during the months of May through September, when evaporation rates are the highest. Evaporation data for the Sacramento Valley indicate Butte County Neal Road Landfill Expansion September 2001 Draft EIR 3-23 I f 3.0 PROJECT DESCRIPTION that when applied to the proposed 3.86-acre land application area, total evaporation rates would range from 544,000 to 827,000 gallons per month. Surface evaporation may also be enhanced by evapotranspiration by grasses that would be planted in the application area. It would be the objective of the proposed treatment system to accept approximately 1,000,000 gallons of supernatant for land application and disposal each month that the system, is operated. Pilot Study flow rates are calculated at a minimum of two gallons per minute up to 50 gallons per minute depending on soil conditions, evaporation, system efficiency and overall system performance. Full operation flow rates would be based on the data obtained from the Pilot Study, which is one-sixth of full-scale design. i Overland Flow System Design { The treatment system would consist of a pump station located at the supernatant storage/evaporation pond, transfer piping to and from the land application area, a network of distribution pipes within the application area, an interceptor trench and collection sump, and pump control system at the collection sump. The application area and interceptor trench would be provided with a perimeter berm to contain the supernatant liquid and to prevent storm water run-on. The system pumps would be powered using a liquefied petroleum gas (LPG) driven generator. The LPG would be stored in a 1,000-gallon tank. r The overland flow application area would be graded to a smooth surface that would slope to the down-gradient collection trench. The area would be planted with grass to enhance evapotranspiration and to reduce erosion potential. Supernatant would be pumped from the storage/evaporation pond through HDPE pipes to the application area, where it would }be distributed into one of 12 zones that would.be provided in the full-scale operation project area. Each zone would be irrigated individually on a rotating basis to minimize the potential for over saturating the zone. Runoff from the application area would be contained in the down-gradient interceptor trench and collection sump. An automatic pump system would transfer supernatant fluid from the sump back to the storage/evaporation pond. Flood protection for the storage/evaporation ponds and the treatment system application area would consist of perimeter ditches (ponds) and berms surrounding the application area.The use of a berm would also ensure that supernatant would not be able to flow into the landfill drainage and leachate collection system. The proposed berm design is 2 feet wide at the top, and two feet high with a 1:1 slope. In addition, the design proposes a collection trench and sump to capture any liquids for return to a storage tank upslope. The trench would be lined with erosion control matting or hydroseed. The berms would be compacted native materials. A fence would also be provided around the perimeter of the application area to prevent livestock from adjacent land uses from entering the site. The treatment system design proposes to grade and hydro-seed half of the application area, leaving the other half in a natural state. Grading and varying the flow rate from the discharge pipe will prevent ponding and help minimize potential odors and vectors. 3.5 REQUIRED APPROVALS, PERMITS AND CERTIFICATES f OVERVIEW OF LANDFILL REGULATION Landfills within the State of California are primarily regulated by two State agencies:` the California Integrated Waste Management Board (CIWMB) and the State Water Resources Neal Road Landrill Expansion Butte County Draft EIR September 2001 3-24 I 3.0 PROJECT DESCRIPTION Control Board (SWRCB). The CIWMB manages the disposal of solid waste in California, working with local governments, businesses and the public to reduce waste disposal and to ensure environmentally safe landfills. The Butte County Division of Environmental Health serves as the Local Enforcement Agency (LEA) that implements the regulations of the CIWMB. The LEA requires landfill operators to obtain a Solid Waste Facilities Permit (SWFP), which is submitted to the CIWMB as a Report of Disposal Site Information (RDSI). The SWRCB, among its duties, establishes water quality standards and develops statewide water protection plans. However, for waters within a specific region, SWRCB typically delegates implementation authority to the appropriate Regional Water Quality Control Board (RWQCB). The RWQCB adopts Waste Discharge Requirements (WDRs), which allow discharges to land provided the conditions contained in the WDRs are met. A Monitoring and Reporting Program and Standard Provisions and Reporting Requirements are a part of WDRs, being incorporated by• reference. Tentative WDRs for new projects are drafted by RWQCB staff based upon information provided by the discharger in a Report of Waste Discharge (ROWD), which consists of a completed application form, a filing fee and relevant supplemental information. For this project, the RWQCB, Central Valley Region, has regulatory authority. j In order to streamline the permit processes of both agencies, the RDSI and the ROWD care presented to the CIWMB and the SWRCB in a Joint Technical Document (JTD). Because the Butte County Department of Public Works is proposing to expand the Neal Road Landfill, a draft JTD has been prepared for the project. The County has initiated preparation of a JTD and a Master Facilities Plan that addresses the planned progression of the landfill through ultimate closure of the site. AGENCIES WITH AUTHORITY'OVER THE PROJECT Agencies that have review and approval or permit authority for the project include the following: California Integrated Waste Management Board (CIWMB) The landfill operates under Solid Waste Facilities Permit (SWFP) No. 04-AA-0002, issued in 1999 by the Butte County Division of Health Department, acting as the Local Enforcement Agency (LEA) for the CIWMB. A copy of this permit is presented in the JTD. Expansion of the landfill will require a new or amended SWFP from the LEA with concurrence from the CIWMB. Regional Water Quality Control Board (RWQCB), Central Valley Region The Neal Road Landfill operates as a Class III disposal site under Waste Discharge Requirements (WDRs) contained in Order No. 88-190, adopted on September 19, 1988 by the California Regional Water Quality Board (RWQCB), Central Valley Region, and WDRs contained in Order No. 93-200 implementing Resource Conservation and Recovery Act (RCRA) Subtitle D requirements for municipal solid waste landfills (Butte County, 2000). Under these requirements, any landfill that places waste beyond the facility's footprint-as it existed on October 9, 1993, is required to proved an approved low-permeability liner and leachate collection and removal system in the area(s) located beyond the October 9, 1993 landfill footprint. Expansion of,the landfill would require a new or updated WDR. The RWQCB would also have review authority over the supernatant overland flow treatment system that would be operated in the southwest portion of the site. Butte County Neal Road Landfill Expansion September 2001 Draft EIR 3-25 1 i 3.0 PROJECT DESCRIPTION In addition to the above, the RWQCB issues permits for activities that could cause impacts to surface waters and groundwater, including construction activities. The RWQCB typically requires that a National Pollutant Discharge Elimination System (NPDES) construction activities permit (General Permit) be obtained for a project of this size. The NPDES stormwater permitting program, under Section 402(p) of the Federal Clean Water Act, is administered by the RWQCB on behalf of the EPA. Construction activities are addressed by the EPA under the Phase II regulations. The permit will require that the following general measures be implemented during construction activities: I • Eliminate or reduce non-stormwater discharges to storm water systems and other Waters of the U.S.; i Develop and implement a Stormwater Pollution Prevention Plan (SWPPP); Perform inspections 'of stormwater control structures and pollutant prevention measures; • Submittal of and adherence to an erosion control plan; • Obtain a Section 1603 permit from the Department of Fish and Game for all stream crossings; and, ' • Prohibition of the release of oils, grease or other hazardous materials, and sediment discharge. i A Stormwater Pollution Prevention Plan (SWPPP) for.the Neal Road Landfill was revised August 24, 1998. The SWPPP was developed for.the Neal Road Landfill and was revised to comply with Water Quality Order No. 97-03-DWQ describing- the reissued NPDES General Permit No. CAS000001 (General Permit), which was adopted by the SWRCB on April 17, 1997. However, the County is required to amend the SWPPP whenever physical or operational changes occur on the landfill site that may change the nature or increase the quantity of pollutants in storm water discharged to surface waters, groundwater or local storm drain system. A copy of the existing SWPPP is included as an Appendix to the JTD. The RWQCB also issues a Water Quality Certification under authority of Section 401 of the Clean Water Act. This would be applicable if the project resulted in impacts to wetlands or waters under the jurisdiction of the U.S.Army Corps of Engineers. U.S. Army Corps of Engineers The U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged or fill material into Waters of the United States, which include wetlands, under Section 404 of the Clean Water Act. The Corps also regulates work in Navigable Waters of the United States under Section 10 of'the Rivers and Harbors Act. Areas within the landfill site that would be under the Corps's jurisdiction include two small ephemeral drainages and a clay flat wetland located in the western portion of the site. The Corps regulations describe two categories of permits: General Permit and individual permit. .A General Permit (which includes Nationwide Permits) means that Corps authorization is issued on a nationwide or regional basis for activities with minimal cumulative environmental effects. Neal Road Landfill Expansion Buffe County Draff E1R September 2001 3-26 3.0 PROJECT DESCRIPTION An individual permit is used for a large-scale project or other projects that do not meet the Nationwide Permit requirements. California Department of Fish and Game (CDFG) One of CDFG's roles is to comment on projects under consideration by the Corps and other agencies that may affect fish and wildlife resources. Sections 1601-1607 of the California Fish and Game Code require that activities within the bed and bank of a stream, lake and/or river obtain a Streambed Alteration Agreement with CDFG prior to initiating these activities. A CDFG Streambed Alteration Agreement could be required in conjunction with any modifications to the existing ephemeral drainages on the site. U.S. Environmental Protection Agency (EPA) The landfill design and operation must comply with the applicable requirements of Subtitle D of the Resource Conservation and Recovery Act (RCRA), which is managed by the Environmental Protection Agency (Butte County, 2000). The EPA may also be responsible for conducting a.New Source Review for Federal non-attainment pollutants. Butte County Division of Environmental Health The Butte County Division of Environmental Health functions as the Local Enforcement Agency (LEA) for the CIWMB. The Division of Environmental Health is responsible for issuance of the Solid Waste Facility Permit (SWFP) for the landfill. This permit is issued with the concurrence of the CIWMB. Expansion of the landfill would require a new or amended SWFP from the LEA. Butte County Air Quality'Mandgement District Expansion of the landfill will require issuance of an Authority to Construct and a Permit to Operate from the Butte County Air Quality Management District (BCAQMD). The project must also comply with Title 5 of the Federal Clean Air Act and Standards of Performance for Municipal Solid Waste Landfills (40 CFR Part 60 Subpart WWW). Depending upon the extent of potential emissions, the project may also be subject to Prevention of Significant Deterioration Review for attainment status pollutants. Any landfill gas collection system that would be installed at the landfill would require approval from BCAQMD. REFERENCES Butte County. 1997. Report of Disposal Site Information, Neal Road Sanitary Landfill, Butte County, CA. Prepared for Butte County Public Works Department, Prepared by James A. Wyse, Inc. May 1995, Revised October 1997. Butte.County. 2001. Joint Technical Document, Neal Road Landfill. Prepared for Butte County Public Works Department by Waste Management, September 2001. Butte County Department of Public Works. 2001. Project description of landscape berm. Letter to Pacific Municipal Consultants, June 2001. Jim DeWeese, Solid Waste Manager, Butte County Department of Public Works. Personal communication with Pacific Municipal Consultants, September 12, 2001. Butte County Neat Road Landfill Expansion September 2001 Draff EIR 3-27 i i Z 3.0 PROJECT DESCRIPTION May Consulting Services. 2000. Delineation of Waters of the United States, Including Wetlands, at the Neal Road Landfill, Butte County. Unpublished. report prepared for Pacific Municipal Consultants. Walnut Grove, Calif. Neal Road Landfill Expansion Butte County Draff EIR September 2001 3-28 ❑ LAND USE ELEMENT ❑ SOLID WASTE MANAGEMENT FACILITY COMBINING DESIGNATION Pur oases: To identify existing solid waste facilities including landfills, dumps, and solid waste transfer stations, expansion areas and to reserve future sites. The solid waste management facility combining land use designation allows uses which are accessory and/or related to solid waste and/or septage disposal. Support and accessory uses which are consistent with the solid waste management facility designation include, but are not limited to: recycling and waste diversion facilities, site monitoring operations, tire shredding and storage, composting operations, household hazardous waste facilities, metal scape yards, offices, maintenance and storage facilities for commercial refuse haulers and/or septic tank pumping companies and other similar uses which meet the purposes of this land use designation. A potential site for a solid waste facility or site expansion may be designated on the land use map only when land uses authorized in the applicable city or County General Plan adjacent to or near the site expansion or potential site are compatible with the establishment or expansion of the site are compatible with the establishment or expansion of the site for a solid waste facility. The solid waste management designation shall preempt the property from being concurrently used for residential purposes. When a property is designated solid waste management facility, the underlying General Plan designation shall be retained to show the planned future land use. The solid waste management designation shall be retained on the property until one of the two following conditions are met: 1. The site has been closed and fully reclaimed to Solid Waste Management Board, Regional Water Quality Control, and other regulatory agency standards; or ,2. The site was a designated expansion area or reserved site never utilized, and determined to be inconsistent with surrounding land uses or the Butte County Solid Waste Management Plan. Adopted: 11/19/85 by Resolution: 85-191. Amended: 7/28/98 by Resolution: 98-117. 1 I ❑BUTTE COUNTY GENERAL PLAN 0 ADOPTED BY RESOLUTION 79-222 0 October 30, 1979 0 LUE - 63 f Existing Solid Waste Facility Overlay Proposed Addition to Existing Solid Waste Facility.Overlay Butte Cou ty Disposal Site a i� General Plan Amendment from Grazing& Open Lands to Public General Plan Amendment from Grazing & Open Lands to Industrial M M SO i BUTTE COUNTY PLANNING CONMISSION Applicant: Butte County Development Services Dept. Owner: Butte County/Don Swartz Hearing Date: March 26, 1998 @ 9:00 am Existing Zone: R-1 (Residential) N Request: General Plan Amendment from Grazing&Open Lands to Public&Industrial and an expansion of the No Scale Solid Waste Overlay General Plan designation for newly acquired landfill property. APN: 040-600-081,082 File: 97-03 'Inter-Departmental Memorandum To: Stephen Betts, Senior Planner From: Ted Crawford, Fire_Department Subject: REZ 02-03, Expansion of Neal Road Landfill Date: June 3, 2002 This is a change to the previously submitted Fire Department conditions for the expansion of the Neal road Landfill. 1. Maintain 150 foot clearance around perimeter cleared of all flammable material and driveable by fire fighting equipment in,accordance with PRC 4373. (Previously was shown as 100 feet). All other conditions to remain the same. If there are any questions please call me at ext. 7994. CC: Chrono E C E E JUN 3 2002 BUTTE COUNTY PLANNING DIVISION f ± .......,..a......�._..._,,........�...,._,,..�,m„�..�,.� h:T.��t��ii�"L t��lf((i�j ��IJt CL�}L1ld Q � } �� ,� �� # 1� • � ate.. .. . - .� .',� . t. •.J: •��' �,� r � :i�..! � '`p� .3 r9 i .. .�.:_t 7th _ t�,lt �' t r. ��, � � - � - A, LAFCo BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICESO MAY 1 2002 PLANNING DIVISION Oroville, California TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Butte County Department of Development Services,REZ 02-03 DATE: May 8,2002 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone of+-69 acres to allow for expansion of the Neal Road Landfill on property zoned U (Unclassified)located at 1023 Neal Road,Durham,identified as APN 040-600-082. Supervisorial District No. 4. (SEE PROJECT DESCRIPTION ENCLOSED) 0Gz 00?– THIS 0ZTHIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 22 ,2002. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN May 22,2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS��(Attach additional pages if necessary): 1• DU✓I1QM NIb1C.u.iiu (.o...�I z' Mc- Arcs ket, f rO a r K II�. C•U• S.p. Nt/� Co d ^9,o-1 /f 4. S ' C lG hA AY q 1 gnno nor nn 1 By: sLL �-A# Date: rly 0 Zo 2- May 31, 2002 REVISED BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on June 27, 2002, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:30 a.m. regarding the following item In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project: NEGATIVE DECLARATIONlREZONE Department of Development Services, Rezone of 69± acres from U (Unclassified) to P-Q (Public, Quasi-Public) in order to allow for the expansion of the Neal Road Landfill. The area to be rezoned is a portion of APN 040-600-082, which is 188.84± acres in size, and is owned by Butte County. A 120± acre portion of this property is developed with the Neal Road Landfill, and is zoned P-Q. Upon approval of this rezone project, all of APN 040-600-082 would be zoned P-Q. An Environmental Impact Report (EIR) was certified by the Board of Supervisors on February . 12, 2002, to allow the expansion of the Neal Road Landfill. The expansion would allow the landfill to increase capacity and continue to accept waste until approximately 2034. ,The EIR identified potential significant impacts to the environment and required mitigation measures to prevent or reduce these impacts to a less than significant level. The Certified EIR is available for review at the Butte County Public Works Department. All of the mitigation measures contained within the EIR would be implemented and monitored by the Butte County Public Works Department. The project site is located on the west side of the Neal Road Landfill (1023 Neal Road), south of. Chico. (SB) (REZ 02-03) ' The initial study for the project identifies potentially significant effects, but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly, no significant effects would occur. Therefore, Planning Division staff is recommending a Negative Declaration. The Initial Study and Proposed Negative Declaration for this project are on file for public review starting, June 6, 2002, through June 26, 2002, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to r: review the document. Written comments will be accepted by the Planning Division at the above address. If you challenge either the Negative Declaration or the Rezone in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. For further information regarding this project, please contact Stephen Betts, project planner, at the Butte County Planning Division at (530) 538-7153. FRED DAVIS, INTERIM DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday,June 6, 2002 BUTTE T DEPARTMENT OF DEVEOLOPMENT SERVICES K } PLANNING DIVISION >00,$14? Ilk h . ?00 TO: ENVIRONMENTAL HEALTH EON, FROM: Butte County Planning Division EnVI ohj;jn ealth RE: Request for Comments on a Development Application: Butte Coepart unty Dment of DevelopmentServices,ServicEZ 02-03 MAY 0 g 2002 ._ DATE: May 8,2002 CONTACT PERSON: Stephen Betts Chico,CA The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns tobeaddressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date t e mi additional information is needed indicated below. If a response cannot b submitted within the time frame given, or if please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone of+-69 acres to allow for expansion of the Neal Road Landfill on property zoned U (Unclassified) located at"1023 Neal Road,Durham, identified as APN 040-600-082. Supervisorial District No. 4. (SEE PROJECT DESCRIPTION ENCLOSED) THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 22,2002. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN{May 22,2002.�If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): solid Waste and Environmental Health management staff have no concerns which are not already being addressed through landfill permit review process. Vince Severin, Program Manager May 16, 2002 f� By. VV &5te I /� aL MAY 17 2002 BUTTE COUNTY PLANNING DIVISION + � . !'. , . � • . . . \\�__\/1 �j \ \\ !» �� ( . � , M6 . '�-i �• � �� r' BUTTE COUNTY DEPARTMENT,OF DEVELOPMENT SERVICES PLANNING DIVISION TO: PUBLIC WORKS DIRECTOR FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Butte County Department of Development Services,REZ 02-03 DATE: May 8,2002 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. "This is an application for Rezone of+-69 acres to allow for expansion of the Neal Road Landfill on property zoned U (Unclassified) located at 1023 Neal Road,Durham,identified as APN 040-600-082. Supervisorial District No. 4. (SEE PROJECT DESCRIPTION ENCLOSED) THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION - DEVELOPMENT REVIEW COMMITTEE ON Auizust 22 ,2002. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN May 22,2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): ] M AY 16 2002 i � PLANNING DIVISION By: -:3-1' Date: RECEII/ED MAY 0 .8 2002 COUNTY OF BUTTE LAND DEVELOPMENT DIV. • Yw�.� 4 IPt!! r.3+wwae!.aw�YY' iM F:� cel` �, r•,:a r� • i ' a ' t f f r F i ,� � • •BUTTE COUNTY /ma ' E 0 U E • DEPARTMENT OF DEVELOPMENT SERVICES RLM PLANNING DIVISION 14 2002 TO: CALIFORNIA DEPARTMENT OF FORESTRY FROM: Butte County Planning Division BUTTE COUNTY RE: Request for Comments on a Development Application: L PLANNING DIVISION Butte County Department of Development Services,REZ 02-03 DATE: May 8,2002 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone of+-69 acres to allow for expansion of the Neal Road Landfill on property zoned U (Unclassified)located at 1023 Neal Road,Durham, identified as APN 040-600-082. Supervisorial District No. 4. (SEE PROJECT DESCRIPTION ENCLOSED) THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION - DEVELOPMENT REVIEW COMMITTEE ON August 22 ,2002. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN May 22,2002. If no comments or communications. are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): �i By: Date: R } ,+f r 0 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICANT: Butte County Department of Development Services DATE: May 8, 2002 AGENT: APN: 040-600-082 FILE #: REZ 02-03 PLANNER: Stephen Betts PROJECT DESCRIPTION: Rezone of+-69 acres to allow for expansion of the Neal Road Landfill Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS 1. Construction,installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations,(Public Resources Code 4290),and all other applicable State and County codes,ordinances and regulations in effect at the time of application for improvement permits. K2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. —3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank,payment of$200.00 per created parcel into the Battalion_water tend fund,is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the • County Fire Warden. Average required hydrant spacing_feet,hydrant size_inches,and residual fire flow_gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation,payment may be made into the hydrant fund at a cost of$1.72 per lineal foot of street frontage. The estimated fee amount is$ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. _8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 We,_ • ;:. LAND OF NATURAL WEALTH AND BEAUTY r�'�?`rY`a• DIRECTOR'S OFFICE r % '��:�".; • `:'=hs� DEPARTMENT OF DEVELOPMENT SERVICES ;~ 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785. www.buttecounty.net April 19, 2002 . ' Butte County Environmental Health Division Attn: Frank Girardi P.O. Box 5364 Chico, CA 95927 Re: Neal Road Landfill Expansion Project, APN 040-600-082 5 Dear Mr. Girardi: On February 12, 2002, the Butte County Board of Supervisors certified the Environmental Impact Report for the Neal Road Landfill Expansion Project. The Butte County Environmental Health Division is the permitting agency for the expansion of the landfill. As I understand it, the Environmental Health Division cannot issue the required permit for the proposed expansion until such time as either a Use Permit is approved for the expansion or the area of expansion is rezoned to a consistent zone. The location of the expansion has a Butte County General Plan land use designation of Public and is zoned Unclassified. The Public land use designation allows the proposed landfill use; however, the Unclassified zone requires that a Use Permit be approved for the proposed landfill expansion. In order to bring the project site into consistency with the General Plan, and to preclude the proposed landfill expansion from having to obtain a Use Permit, I have directed Planning Division staff to initiate a rezoning process for the remainder of the parcel to Public-Quasi Public. The Public-Quasi Public zone allows a landfill use by right and a Use Permit is not required. The rezoning process is expected to take between three and four months. Public hearings on the rezone must be held by both the Butte County Planning Commission and the Butte County Board of Supervisors. I believe that a rezone would be approved because the site already has a General Plan land use designation that allows for the proposed expansion and because the Environmental Impact Report for this expansion has already been certified by the Board of Supervisors. 4 If you have questions or comments, please contact Stephen Betts, Senior Planner, at 538- 7153. Sincerely, Fred Davis Interim Director-Department of Development Services Enclosure cc`. M. A. Meleka, Principal Planner Mike Crump, Director of Public Works i ' N ........... C Y�xSr'x` ANW u,.4, ,5A.M.RN Do,� Jt 'e" x 7. a -5t 6 -d 01 ` " tiI,:: pauozai aq of eajy n Am - A •kx {, vk �r x N"f ayi�,�,,.y,,. .. _ 3.. �n AP 040-600-082 Butte County '. REZ 02-03 RIO L=f/Cw 'Mailip,g List Distribution 1 : a Al f gl 3 IV fit• J V414 . Project Location �+R¢�ti w!(r,q."'S•5� 6 sr^u y 6714 r 4 SIAS {k ii `•, '{ . a r 1 Gard C'=Ales d 4�:, . .'� N i A 1 ' ,n,rt. A 1500 0 1500 3000 4500 6000 7500 9000 10500 12000 13500 Feet BUTTE COUNTY PLANNING COMINUSSION Applicant: Butte County Owner: Same Hearing Date: Misting Zone: U(Unclassified) N Supervisorial Request: Rezone to P-Q(Public Quasi-Public). District#4 Assessor Parcel No: 040-600-082 Fi1e:REZ 02-03 COMMENT DISTRIBUTION LIST APPLICATION: Butte County Department of Development Services DATE: May 8, 2002 County Offices and Cities: 4ZX Chef Administrative Officer CX=Develop;Services Director 4C'X7P-ubIic_Works_Director 4tZX=Envir�o m ntal Health �X_Assesors _Building Manager Sheriff BCAG _ALUC 4z::LX=1AFCo, crIX—ArQuali-ty Mgmt. _Butte Co. Farm Bureau Biggs Gridley _Chico _Oroville _Paradise Chico Airport Commission _Information Systems Dept. _Animal Control CX:-Agricultural-Commission gT�X_Cou nty'Cou nsel Irrigation District: Butte Water _Biggs/W.Gridley Water _Durham Irrigation _OWID _Paradise Irrigation _Richvale Irrigation Table Mountain Irrigation _Thermalito Irrigation _Other Domestic Water _Butte Water District California Water Service Co. _Del Oro Water Co. _OWID, _Thermalito IrrigationDistrict _Other Sewer _Butte Water District _Themalito Irrigation _Sterling City Sewer Main Skansen Subdivision(CSA 21) _L.O.A. PUD Fire Protection <X California.Department of Forestry _EI Medio Fire Protection District Recreation Districts _Chico Area Recreation _Durham Area Recreation _Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _PG&E North-Chico _Chambers Cable TV _Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies �X^_CalTrans(Traffic) _Dept.of Water Resources e-X=D"ept-of=Fish and Game r _Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol CX;Central-Reg.Water Quality Cont. _Caltrans,Aeronautics Program _Off.of Governmental&Env.Relations Department of Conservation _Off.of Mining Reclamation Dept.Social Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service Army Corps of Engineers _National Marine Fisheries Sservice Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts _Drainage _Butte Env.l Council _Reclamation _Cal Native Plant Society _Butte Co:Mining Committee _Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _Butte Ck.Watershed Conservancy _Mosq.Abatement.Oroville/Butte Co COMMENT DISTRIBUTION LIST APPLICATION: DATE: County Offices and Cities: Chief Administrative Officer X Develop.Services Director Public Works Director X Environmental Health X Assesor _Building Manager Sheriff BCAG _ALUC X LAFCo Air Quality Mgmt. _Butte Co.Farm Bureau Biggs _Gridley _Chico Oroville _Paradise _Chico Airport Commission Information Systems Dept. Animal Control X Agricultural Commission � Irrigation District: _Butte Water —Biggs/W.Gridley Water _Durham Irrigation _OWID _Paradise Irrigation _Richvale Irrigation Table Mountain Irrigation _Thermalito Irrigation _Other Domestic Water 1 _Butte Water District _California Water Service Co. _Del Oro Water Co. OWID _Thermalito IrrigationDistrict _Other Sewer _Butte Water District _Themalito Irrigation _Sterling City Sewer Main _Skansen Subdivision(CSA 21) _L.O.A.PUD Fire Protection .X California Department of Forestry _EI Medio Fire Protection District Recreation Districts _Chico Area Recreation _Durham Area Recreation _Feather River Rec.&Park, _Paradise Recreation&Park _Richvale Recreation &Parks Utilities PG&E North-Chico _Chambers Cable TV _Pacific Bell PG&E South-Oroville _Viacom Cable TV State Agencies CalTrans(Traffic) _Dept.of Water Resources Dept.of Fish and Game Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol Central Reg.Water Quality Cont. _Caltrans,Aeronautics Program _Off.of Governmental&Env.Relations _Department of Conservation _Off.of Mining Reclamation _Dept.Social Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service Army Corps of Engineers _National Marine Fisheries Sservice k Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts _Drainage _Butte Env.l Council _Reclamation _Cal Native Plant Society Butte Co.Mining Committee _Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _Butte Ck.Watershed Conservancy _Mosq.Abatement.Oroville/Butte Co K:\PLANNING\FORMS\DISTR.LIS LEAD IN SHEET FILE NO: REZ 02-03 AP# 040-600-082 APPLICANT: Butte County Department of Development Services, 7 County Center Drive, Oroville, CA 95965 OWNER: Butte County Public Works Department, 7 County Center Drive, Oroville, CA 95965 REPRESENTATIVE: REQUEST: Rezone of+-69 acres to allow for expansion of the Neal Road Landfill SIZE: +-69 acres LOCATION: 1023 Neal Road, Durham SUPERVISORAL DISTRICT# 4 EXISTING ZONING: U (Unclassified) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: Public APPLICABLE REGULATIONS: ASSIGNED PLANNER: Stephen Betts Date Application Received 5/6/02 Date Project Assigned 5/6/02 30 Day Complete 6/5/02 Preset Hearing Date 8/22/02 h , "DRAFT" LEAD IN SHEET FILE NO: Re.-,-- AP# D y d - to 0 0-08Z APPLICANT: OWNER:- REPRESENTATIVE: PROPOSED REQUEST: (to be filled out by person taking in application) ce l�escr� avi FINAL REQUEST: (to be filled out by project planner) L . SIZE: Coq Acc-cs LOCATION: Opq �?-aQd Lgnj-� l d Z� N eg\ \ZOad, Sd,j+ln o-' Chico SUPERVISORAL DISTRICT # EXISTING ZONING: y r1c�4'bSi�cc� GENERAL PLAN DESIGNATION: ASSIGNED PLANNER' CVC. 135 PLANNERS INITIALS .Date Application Received /6�do'l Date Project Assigned AZ may Complete , D,;L Preset Hearing Date '11� D '2� s 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Butte County Department of Development Services,REZ 02-03 DATE: May 8,2002 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone of+-69 acres to allow for expansion of the Neal Road Landfill on property zoned U (Unclassified)located at 1023 Neal Road,Durham,identified as APN 040-600-082. Supervisorial District No. 4. (SEE PROJECT DESCRIPTION ENCLOSED) THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION - DEVELOPMENT REVIEW COMMITTEE ON August 22 ,2002. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN May 22,2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): By: Date: Project Description This project is a rezone of 69± acres of land from U (Unclassified) to P-Q (Public, Quasi- Public) in order to allow for the expansion of the Neal Road Landfill. The area that would be rezoned has a General Plan land use designation of Public and is also within the Solid Waste Facility Overlay Zone. The area to be rezoned is a portion of APN 040-600- 082, which is 188.84± acres in size, and is owned by Butte County. A 120± acre portion of this property is developed with the Neal Road Landfill, and is zoned P-Q. Upon approval of this rezone project, all of APN 040-600-082 would be zoned P-Q. An Environmental Impact Report for the expansion of the landfill was certified by the Butte County Board of Supervisors on February 12, 2002. The expansion would allow the landfill to increase capacity and continue to accept waste until 2034. The Public land use designation of the area to be rezoned allows the proposed landfill use; however, the Unclassified zoning of this area requires that a Use Permit be approved for the proposed landfill expansion. To preclude the proposed landfill expansion from having to obtain a Use Permit, this project would rezone the remainder of the parcel to Public-Quasi Public. The Public-Quasi Public zone allows a landfill use by right and a Use Permit is not required. The project description for the Neal Road Landfill Expansion Project as contained in the certified Environmental Impact Report is attached to this description. 1 e ;�, 4 pppFFF1.}}}? ..1.i:. 'i�(!J�:•1y�S.` ..,•. f .`..s.a-\y`'r V '41 {. ORDINANCE NO. 3022 AN ORDINANCE ZONING A PORTION OF THE COUNT BUTTE, STATE OF CALIFORNIA, AN P-Q (PUBLIC/(1UAS1- PUBLIC) DISTRICT, PURSUANT TO CHAP'T'ER 24-29. 1 The Board of Supervisors of the County of Butte, State of Califrtri;ia, 2 under and pursuant to Chapter 24-29 of the Butte County Code of said Cwt-1Y, 3 DO ORDAIN, as follows: 4 SECTION I. The hereinafter described area situate in the (:w!, ;i 6 of Butte, State of California, shall be and it is l.ereby zoned as an V '1 h (Public/Quasi-Public) District, and such area shall be subject to the restric?i"1..: 7 and restricted uses and regulations pursuant to Butte County Code Section '!A- 129. 9 10 Said area so zoned being located in the unincorporated area of BjJf+4 11 County, Chico, more particularly described as follows: 12 PARCEL l: 13 A portion of Sections 14 and 1S, T211N, R2E, MDM, also being portion of Parcel 3 as shown on that certain map filed in the officf 14 of the Recorder, County of Butte, State of California, in Map BajY, 123 at Pages 58-63, and more particularly described as follows: 15 Commencing at the W 1/4 corner of said Section 14; thence along 16 the W line of said Section 14, N 00. 03' 07' T- 703.85 ft. to the true 17 point of beginning; thence S 58. 33' 07' W, 760.00 ft.; thence S 11 33' 07" W, 1035.00 ft. to a point ort the SW line of said Parcel 3, 18 (from said point the most southerly corner of said Parcel 3 bears S 36° 34' 25" 1000.00 ft.) thence N 71° 57' 22" E, 148250 ft. to 19 a point on the SW line of that certain deed to the County of Butte, filed in the Office of the Recorder, County of Butte, State of 20 California, in Book 1360 at Page 616;thence along said southwesterly line N 36° 34' 25" W, 930.00 ft. to a point on the westerly fine of 21 said Section 14 (from which point the W 1/4 corner of said Section 22 14 bears S 00° 03' 07" W, 49938 ft.) thence along said westerly line N 00° 03' 07" E, 204.47 ft. to the true point of beginning. 23 PARCEL 2: 24 A portion of Sections 14 and 15, 721N, R2E, MDM, also being a j 25 portion of Parcel 3, as shown on that certain map filed in the Office I of the Recorder, County of Butte, State of California, in Map Book ti 26 123 at Pages 58-63, and more particularly described as follows: I 5 ..•:, :�tr�. '•ki'��.r`•u..)',' 1:� ';iti'�1iai'::�(..�: .. +','.,�;4 r,t.}aj.;' ..e.. 1 Commencing at the W 1/4 corner of said Section 14; thence alh�rg the W line of said Section 14, N 00° 03' 07" E, 499.38 feet W it 2 point on the SW line of that certain deed to the County of BWPt, filed in the Office of the Recorder, County of Butte, State ''t 3 California, in Book 1360 at Page 616; thence along <Oiil southwestern line S 36° 34' 25" E, 930.00 ft. to the true point ' r 4 beginning; thence leaving said SW line S 71° 57' 22" W, 1482.50 to a point on the SW lin,% of said Parcel 3; thence along said S'W a line S 360 34' 25" E, 1000.00 ft. to the SW corner of said Parcel 3; 4 thence N 53° 25' 35" E, 1405.65 ft. to a point on the SW line 4 said Butte County property; thence along said SW line N 36°34' /5" 7 W, 528.87 ft. to the true point of beginning. 9 SECTION 2. This Ordinance shall be and it is hereby declares! W 9 be in full force and effect from and after thirty (30) days after the date of rU 10 11 passage, and before the expiration of fifteen (15) days after its passage, this 12 Ordinance shall be published once with the names of the members of the Boatd 13 of Supervisors voting for and against it in the Chico Enterprise Record, z 14 newspaper published in the County of Butte, State of California. 15 PASSED AND ADOPTED by the Board of Supervisors of tae 16 County of Butte, State of California, on the i lsl:day of jul;' , 1992, by thg 17 following vote: 18 AYES: Supervisors Mclnturf, Houx, t4c!aughlin, fulzon and hair Dolan 19 ' NOES: i,one 20 21 ABSENT: tore 22 NOT VOTING: hone 23 JANE DOLAN, CHAIRMAN 24 Butte County Board of Supervisors j ATTEST: JOHN S. BLACKLOCK, Chief Administrative 25 Officer and Clerk of the Board 26 By E:A'.�1s1.ya. t q�s� �. .✓ ".,`� •.''J7.�,:=r,'r".F ° ,� .° 4. t. i'}ri+'71ibi' 'f. i.;T, •k*in :,;-- ;#z :i- 6 "i4 y =IIIII iti '0". ' Standard Coverage P&y of Tale Insurance Fidelity Nadonal Tale Insurance Company of California A Stock Company Policy Number 36-01-90- 17 2 37 CLTA STANDARD COVERAGE POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than-as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. ' Lack of a right of access to and from the land; and in addition, as to an insured lender only: S. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys'fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF CALIFORNIA has caused this Policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Fidelity National Title Insurance Company of California BY pPORq O l � ' SEAL President g ATTEST A^ 0,CAL110f "�terv' Countersigned: Authorized Signature FORM 36.01.90(9194) California Land Title Association Standard Coverage Policy.Form-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: I. (a) Any law,ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances,or regulations)restricting,regulating, prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land, (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violaton affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. z. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner ol• the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. h. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender• by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (b)After Conveyance of Tide by an Insured.The coverage of this policy shall The following terms when used in this policy mean:. continue in force as of Date of Policy in favor of an insured only so long as the in- (a) "insured": the insured named in Schedule A, and, subject to any rights or sured retains an estate or interest in the land,or holds an indebtedness secured by defenses the Company would have had against the named insured, those who suc- a purchase money mortgage given by a purchaser from the insured,or only so long ceed to the interest of the named insured by operation of law as distinguished from as the insured shall have liability by reason of covenants or warranty made by the purchase including,but not limited to,heirs,distributees,devisees,survivors,per- insured in any transfer or conveyance of the estate or interest.This policy shall not sonal representatives, next of kin, or corporate or fiduciary successors. The term continue in force in favor of any purchaser from an insured of either(i)an estate "insured" also includes or interest in the land, or iii)an indebtedness secured by a purchase money mort- (i)the owner of the indebtedness secured by the insured mortgage and each suc- gage given to an insured. cessor in ownership of the indebtedness except a successor who is an obligor under (c)Amount of Insurance•The amount of insurance after the acquisition or after the provisions of Section 12(c) of these Conditions and Stipulations (reserving, the conveyance by an insured lender shall in neither event exceed the least of: however,all rights and defenses as to any successor that the Company would have had against any predecessor insured,unless the successor acquired the indebtedness (i)the amount of insurance stated in Schedule A; as a purchaser for value without knowledge of the asserted defect,lien,encumbrance, (ii)the amount of the principal of the indebtedness secured by the insured mort- adverse claim or other matter insured against by this policy as affecting tide to the gage as of Date of Policy, interest thereon,expenses of foreclosure, amounts ad- estate or interest in the land); vanced pursuant to the insured mortgage to assure compliance with laws or to pro- (ii)any governmental agency or governmental instrumentality which is an in- tect the lien of the insured mortgage prior to the time of acquisition of the estate surer or guarantor under an insurance contract or guaranty insuring or guaranteeing or interest in the land and secured thereby and reasonable amounts expended to pre- the indebtedness secured by the insured mortgage,or any part thereof,whether named vent deterioration of improvements,but reduced by the amount of all payments made; as an insured herein or not; or (iii)the parties designated in Section 2(a)of these Conditions and Stipulations. "insured claimant": an insured claiming loss or damage. (t»)the amount paid by any governmental agency or governmental inswmentali- (b) " g g • ty,if the agency or instrumentality is the insured claimant,in the acquisition of the (c) "insured lender": the owner of an insured mortgage. estate or interest in satisfaction of its insurance contract or guaranty. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT is named as an insured in Schedule A.- An insured shall notify the Company promptly in writing(i)in case of any litiga- tion as set forth in 4(a)below,(ii)in case knowledge shall come to an insured hereunder (e)"knowledge"or"known":actual knowledge,not constructive knowledge or of any claim of tide or interest which is adverse to the tide to the estate or interest notice which may be imputed to an insured by reason of the public records as defin- or the lien of the insured mortgage,as insured,and which might cause loss or damge ed in this policy or any other records which impart constructive notice of matters for.which the Company may be liable by virtue of this policy,or(ii)if tide to the affecting the land. estate or interest or the lien of the insured mortgage,as insured,is rejected as un- (f)"land": the land described,or referred to in Schedule A,and improvements marketable.If prompt notice shall not be given to the Company,then as to that in- affixed thereto which by law constitute real property. The term "land" does not sured all liability of the Company shall terminate with regard to the matter or mat- include any property beyond the lines of the area described or referred to in Schedule ters for which prompt notice is required;provided,however,that failure to notify A,nor any right,tide,interest,estate or easement in abutting streets,roads,avenues, the Company shall in no case prejudice the rights of any insured under this policy alleys,lanes,ways or waterways,but nothing herein shall modify or limit the extent unless the Company shall be prejudiced by the failure and then only to the extent to which a right of access to and from the land is insured by this policy. of the prejudice. (g)"mortgage":mortgage,deed of trust,trust deed,or other security instrument. 4. DEFENSE AND PROSECUTION OF.ACTIONS; DUTY OF INSURED (h) "public records": records established under state statutes at Date of Policy CLAIMANT TO COOPERATE . for the purpose of imparting constructive notice of matters relating to real property (a)Upon written request by an insured and subject to the options contained in Sec- to purchasers for value and without knowledge. tion 6 of these Conditions and Stipulations,the Company,at its own cost and without (i)"unmarketability of the fide":an alleged or apparent matter affecting the title unreasonable delay,shall provide for the defense of such insured in litigation in which to the land,not excluded or excepted from coverage,which would entitle a purchaser any third party asserts a claim adverse to the tide or interest as insured, but only of the estate or interest described in Schedule A or the insured mortgage to be released as to those stated causes of action alleging a defect,lien or encumbrance or other from the obligation to purchase by virtue of a contractual condition requiring the matter insured against by this policy. The Company shall have the right to select delivery of marketable tide. counsel of its choice(subject-to the right of such insured to object for treasonable 2. CONTINUATION OF INSURANCE cause)to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel.The Company will not pay (a)After Acquisition of Tide by Insured Lender.If this policy insures the owner any fees,costs or expenses incurred by an insured in the defense of those causes of the indebtedness secured by the insured mortgage,the coverage of this policy shall of action which allege matters not insured against by this policy. continue in force as of Date of Policy in favor of(i)such insured lender who ac- quires all of any part of the estate or interest in the land by foreclosures,trustee's We,conveyance in lieu of foreclosure,or other legal maturer which discharges the (b)The Company shall have the right,at its own cost,to institute and prosecute lien of the insured mortgage; (ii)a transferee of the estate or interest so acquired any action or proceeding or to do any other act which in its opinion may be necessary from an insured corporation,provided the transferee is the parent or wholly-owned or desirable to establish the tide to the estate or interest or the lien of the insured subsidiary of the insured corporation, and their corporate successors by operation mortgage, as insured, or to prevent or reduc-loss or damage to an insured. The of law and not by purchase,subject to any rights of defenses the Company may have Company may take any appropriate action under the terms of this policy,whether against any predecessor insureds;and(iii)any gover5ffgtal agency or governmen- or not it shall be liable heer,and shall not thereby concede liability or waive tal instrumentaiilty which acquires all or any part olEWtate or interest pursuant any provision of this pol f the Company'shall exercise its rights under this to a contract of insuratwi:or guaranty insuring or gualraffillilhg the indebtedness secured paragraph, it shall do so MWently. � by the insured mortgage. i ' - Fidelity National Title Company OF CALIFORNIA, • 535 Wall Street Chico-CA -95928 BM C�U COU�1681 (916)343-3716 * FAX(916)343-4410 OCT - 31996 October 01, 1996 Oroville,Califomla S41 LS, County of Butte . . Gregory P. Einhorn County .Counsel 7 County Center Drive Oroville, CA 95965 RE: Escrow #257413-JCW Property: y In reference to the above described escrow, we are pleased to inform you that -said escrow has closed this date, and we enclose the following: W Closing Statement W Amended Billing Statement -_ Recorded documents to which you are entitled will be mailed to you by the County-Recorder. Any other documents to which you are entitled will be forwarded to you as soon as they are available. Should you have any questions, please feel free to contact our office. It has been a pleasure to have handled your escrow. If we can be of service to you at any time in the future, please contact us. -Sincerely,- Fidelity Sincerely,Fidelity National Title Company J611een C. Whitsett / J Escrow Officer J.�utte OROVILLE, CALIFORNIA CLAIM FOR PROFESSIONAL AND SPECIAL SERVICES / `'f'' . CLAIMANT. f 1_c1 j7 DAj&L /-,-r2 C� ,div ` c o est oiler ration S3S a.t, S-FrejOr /� y ADDR ESS:— CITY & STATE, cho os Verdes, CA 90274 IMPORTANT: DATE OF CLAIMS 9/25/96 SEI: INSTRUCTIONS ON REVERSE SIDE SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 9/25/96 Purchase price for "Landfill Property" located on Neal Road in the County of Butte, State of California. $385,800 cc Check to be deposited in Escrow Account No. 2-57413 Fidelity National Title Company CHECK IS CUT PLEASE CALL GREG EINHORN AT X7013 TO PICK UP 1 CHECK. 'THANK YOU. I TOTAL $3851 800 f C-: Z. the undersigned, declare under penalty or perjury that the services or articles claimed have been performed or delivered, and that this claim In We and correct as stated. Dated this..............»..«. ««..»day or»«»...................... 19...»., at ....»».......»....._._.... Calif. «_ (See»attached agreement).. .. «�Signature or Claimant». I, the undersigned, hereby certify that, to the Q2 at or my knowledge, the services or articles ape !ed above have been Dedormed or dr livered and that there 1s a Budget Appropriation Q2 or Specific Board Approval❑(Check one)for lose Dated this day of September 19 96 at Oroville c.ur. .». . « ., ....__.......�» . ... »... ........ 7 Department Head ._ Auth zed «uW D Esp. Code 757 Code 561 PAYABLE PROM „Fund„/570 FUND DO T WRITE BELOW THIS N _ AUDITOR'S USE ONLY DEPT. 8 UB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AM- AGREEMENT OF PURCHASE AND SALE OF REAL PROPERTY FOR LANDFILL, SEPTAGE DISPOSAL, RELATED USES AND OPEN SPACE PURPOSES THIS AGREEMENT OF PURCHASE AND SALE ("Agreement") is entered into. as of September 1, 1996, by and between NANCE CANYON PARTNERS, L.P. ("Owner") , a California limited partnership, and the COUNTY OF BUTTE ("County") , a political subdivision of the State of California. THE PARTIES ENTER THIS AGREEMENT on the basis of .the following facts, understandings and intentions: _ A. County is the owner of that certain real property ("Landfill Property") located on Neal Road in the County of Butte, State of California, and referred to as the Neal Road Landfill. , The Landfill Property, presently utilized for landfill, septic disposal and related uses, is bordered by Neal Road on one side and by property owned by Owner on the three remaining sides. B. Owner in January of 1992 sold County two parcels . of ,property (collectively "First Sale Property") which are now a part of the Landfill Property. Notwithstanding any contract language or other representations to the. contrary, if any, . previously rendered or made in connection with the sale of the BPHSF6\SRF\0241629.02 09/18/96 1• First Sale Property, Owner and County agree that the First Sale Property may be used by County as landfill. C. In evaluating County's plans for the landfill on the Landfill Property, County has determined that it is in the best interest of County to acquire certain property ("Subject Property") owned by Owner and located in the County of Butte, State of California and more particularly described in Exhibit-A attached hereto and incorporated herein by reference thereto. The Landfill Property and the Subject Property are sometimes hereinafter collectively referred to as "Landfill". D. Owner and County now desire to enter into- this Agreement and to transfer the Subject Property from Owner to County with the understanding that County will submit, and County staff will support, a proposal with respect to certain of Owner's real property ("Adjacent Property") more particularly described in Exhibit B, in accordance with Section 2 herein. E. In addition, County and Owner desire to put certain restrictions on the Subject Property to create a buffer area between the County's use of the Subject Property and the remainder of all of Owner's property ("Owner's Property") described in Exhibit D, attached hereto and incorporated herein by reference thereto, for the benefit of Owner's Property and enter into such other agreements as are . set forth herein. BPHSF6\SRF\0241629.02 09/18/96 2 •NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties, the parties agree as follows: 1. Purchase and Sale.. Owner agrees to sell the Subject Property to County, and County agrees to purchase the Subject Property from Owner, on all the terms, covenants and conditions set forth in this Agreement. 2. Adjacent Property. Within six (6) months from the recordation of the Grant Deed, as described herein, the Butte County Development Services Department shall initiate a General Plan amendment which will expand the current Solid Waste Management Facility land use -overlay designation to include the property described in Exhibit A and Exhibit B. Additionally, the text of the Solid Waste Management Facility section of the Land Use Element will be proposed to be amended to include provisions for landfill compatible uses ("Landfill Uses") as described in Exhibit C. The U - Unclassified zoning shall be retained for the Adjacent Property described in Exhibit B, which will require a Use Permit to establish any of the Landfill Uses described in Exhibit C. If a future rezoning action is proposed for the . Property, the new zoning shall. make provisions for landfill compatible uses as long as the Solid Waste Management Facility. land use overlay designation is in place. 8PHSF6\SRF\0241629.02 09/18/96 3 3 . Condition Precedent. The Property and certain other property of Owner are subject to that certain Deed of Trust ("Deed of Trust") recorded in Instrument No. 92-003800 on January 30, 1992, Official Records of the County of Butte. It is a condition precedent to the close of .this transaction that the beneficiary under the Deed of Trust agree to the release of the Subject Property from the Deed of Trust. The beneficiary of the Deed of Trust has informed Owner that the beneficiary is prepared to release the Deed of Trust, but such release shall be a condition to proceeding with this transfer. 4. Consideration. County shall pay Owner the sum' of THREE HUNDRED EIGHTY-FIVE THOUSAND, EIGHT HUNDRED FORTY DOLLARS ($385,800.00) in cash as the full purchase price for the Subject Property ("Purchase Price") .. and County shall deposit the Purchase Price prior to close of escrow, as provided for herein, with Fidelity National Title Company ("Title Company") . 5. Escrow. Upon execution hereof, the parties shall open escrow with Fidelity National Title Company at Title Company's Oroville office at 1909 Bird Street, Oroville, CA 95965. A. Deposit. Parties shall take the following action prior to the close of escrow, which shall be no later than thirty (30) days from the date hereof. BPHSF6\SRF\0241629.02 09/18/96 4 • (1) County. County shall deposit the Purchase Price and sufficient funds to pay all expenses referenced in Section S.D, shall duly execute and acknowledge the Grant Deed ("Grant Deed") , attached hereto as Exhibit E and incorporated herein by reference thereto, and shall deposit .the executed and acknowledged Grant Deed with Title Company. (2) Owner. Owner shall duly execute and acknowledge the Grant _Deed. B. Closing. When Tile Company has received the Purchase Price and the duly executed and acknowledged Grant Deed and has confirmation that the Deed of Trust can be reconveyed with respect to the Subject Property, Title Company shall, no later than thirty (30) days from the date hereof, close escrow by taking the following actions: (1) Reconveying the Deed of Trust with respect to the Subject Property; (2) Recording the Grant Deed in the Official Records of the County of Butte; BPHSF6\SRF\0261629.02 09/18/96 5 (3) Transferring the Purchase Price to Owner and paying the closing costs as specified herein from funds deposited by County; and, (4) Issuing such title insurance as County shall request showing the Subject Property free and clear of any mortgages and deeds of trust, including the Deed of Trust which shall be removed through escrow, but subject to all other exceptions of record, it being understood County will take the Subject Property in an "as is" condition as provided below. C. Taxes. Unpaid taxes existing as a lien against the Subject Property will be prorated and cancelled in accordance with the provisions of Section 4986, Paragraph 2 of the California Revenue & Taxation Code. Taxes which I owner has prepaid will be prorated and refunded by the County in accordance with Section 5096.7 of the California I Revenue & Taxation Code, the refund to be made on the close of escrow as provided above. D. Escrow and Title Fees. County shall pay all normal escrow fees, documentary transfer taxes, any title insurance premiums and other fees incurred in connection with this transaction, except for any release of a mortgage or deed of trust, including the Deed of Trust. Any- costs BPHSF6\SRF\0241629.02. 09/18/96 6• relating to release of a mortgage or deed of trust shall be ' paid by Owner. E.. Broker. Each party indemnifies and holds the _other harmless from and against any claims made by a broker as a result of contacts with such party. F. Possession. The parties agree that notwithstanding any provisions to the contrary in this Agreement, the right, -possession and use of the Subject Property by the County, including the right to remove and dispose of any improvements, shall commence on close of escrow, and that the amount shown in this Agreement as consideration includes full payment for such possession and use ,of the Subject Property. 6. Condition of Subject Property. County shall take the Subject Property in an "as is" condition, recognizing that . -County has used the Landfill Property adjacent to the Subject Property and has conducted County's own examination of the Subject Property prior to purchase of the Subject Property, and County shall purchase the Subject Property subject to all liens, encumbrances, assessments and easements of record other than deeds of trust and mortgages, including the Deed of Trust. County recognizes that Owner would not have entered into this transaction except for County's agreement to take the Subject BPNSF6\SRF\0241629.02 09/18/96 7 . Property in an "as is" condition. County and Owner agree that Owner is entering into this Agreement after County has threatened condemnation of the Subject Property and has formally notified Owner of the same, and this Agreement is made under the threat of condemnation. 7. Use of Subject Property. County shall limit County use of the Subject Property in accordance with the terms of the Grant Deed such that a portion of the Subject Property identified as Exhibit 2 to Exhibit E shall remain as open space, another portion of the Subject Property identified as Exhibit 4 to Exhibit E may only be developed for use for solid and liquid , waste management and other related activities, but not landfill, the remainder of the Subj.ect Property may be developed for use for landfill, solid and liquid waste management, and other related activities, all as indicated in the Grant Deed. Colunty shall take all reasonable steps to reduce smell, dust and other interference with the Owners Property. It is understood that County agreement to operate the Landfill in accordance with all local, State and Federal - laws and regulations is a material inducement to Owner entering into this agreement. 8. Boundary. With eighteen (18) months following close of escrow, County shall, at County's expense, install a new field fence around the westerly boundary of the Subject Property similar to the fence currently in existence around the westerly BPHSF6\SRF\0241629.02 09/18/96 8 portions of the Landfill. It is the desire of Owner and County that the Landfill shall be screened from the Owners Property on the west and northwest. In that regard, within five (5) years from the close of escrow, county, shall, at County's expense, plant. trees along the west and northwest boundaries of the subject property. The trees shall be planted from ridge to ridge, but not above' the mean sea level elevation of 225.. feet: The trees shall be of a kind to grow to a height of twenty to twenty-five feet, shall be reasonably acceptable to Owner and shall be maintained by County and County's expense in perpetuity. County understands that County's agreement to this Section 8 Is a. material inducement to Owner entering into this agreement. 9. waiver. In consideration of the receipt of the Purchase Price by Owner, Owner hereby waives for Owner and Owner's successors and assigns all claims relating to the acquisition of the' Subject Property, including severance damages and stigma damages, on account of the acquisition of the Subject Property or the location or construction of proposed public improvements on the Subject Property, except as specifically set forth herein. This waiver is to include any rights that Owner may have relating to Owner's Property- affected by the acquisition of the Subject Property or the uses conducted on the Subject Property, but unrelated to acts which might encroach on Owner's Property or as may be described in Section 10. BPHSF6\SRF\0241629.02 09/18/96 9 • 10. Indemnification. As additional consideration herein, County agrees to indemnify and hold Owner harmless from and against any claims, losses or costs in connection with hazardous wastes now or hereafter on the Landfill caused or created by landfill operations. For purposes of this section, "hazardous wastes" shall mean any material or substance in a concentration or amount now or hereafter designated by any Governmental Authority to be radioactive, toxic, hazardous or otherwise a .danger to health, reproduction or the environment, including, without limitation (i) oil and petroleum products; (ii) radioactive substances and materials; (-iii) . asbestos;. (iv) urea formaldehyde; (v) radon gas; and (vi) chemicals, materials or substance now or hereafter defined or included in the definition of "hazardous substance, " "hazardous waste, " "hazardous material, " or "toxic substance, " or words of similar import, under any Law, including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") , the California Hazardous Substances Account Act, the Resource Conservation and Recovery Act, the California Hazardous Waste .Control Law, the Federal Insecticide, Fungicide and Rodenticide Act, the Federal Water Pollution Control Act, the California Porter-Cologne Act, the Clean Air Act, the California Clean Air Act, the Occupational Safety and Health Act, the California Occupational Safety and Health Act, as the foregoing shall be now or hereafter amended, and similar Laws now or hereafter enacted. BPHSF6\SRF\0241629.02 09/18/96 10. I 11. No Future Condemnation. As a material inducement to Owner entering into this Agreement, County hereby formally waives the right to condemn any of Owner's Property for landfill or landfill-related purposes for a period of twenty (20) years.; provided, however, that in the event County desires to acquire the remainder parcel, .caused by the sale of the Subject Property adjacent to the Landfill on the northwest, the north and the northeast, the parties agree to negotiate in good faith for the sale of such parcel until December 31, 1998. 12. Survival. The covenants contained in this Agreement shall survive closing and shall inure to the benefit of the Owner's Property and the successors and assigns of Owner's Property; the covenants that are to survive include, but are not limited to, the agreements set forth in Sections 5.E, 61 71, 8, 9, 10, 11 and 12. 13 . Entire Agreement. The parties have herein set forth the whole of their agreement, including the exhibits attached hereto. The performance of this Agreement, including the covenants contained herein, constitutes the entire consideration for said Agreement and shall relieve the County and Owner of all other obligations or claims except as specifically set forth herein. BPHSF6\SRF\0241629.02 09/18/96 11. IN WITNESS WHEREOF, the parties have executed this Agreement a`s of the day and year first above written. "COUNTY" COUNTY OF BUTTE, a political subdivision of the State of California Chair, Board of upervisors Attest: Clerk of the Board By: Clerk/Deputy "OWNER" NANCE CANYON PARTNERS, L.P. , a California limited partnership By Swartz & Swa z, Inc. , its General Partn By: Donal E. Swartz President SPHSMSM0241629.02 , 09/18/96 12 . i (1) County. County shall deposit the Purchase Price and sufficient funds to pay all expenses referenced in Section 5.D, shall duly execute and acknowledge the Grant Deed ("Grant Deed") , attached hereto as Exhibit E and incorporated herein by reference thereto, and shall deposit the executed and acknowledged Grant Deed with Title Company. (2) Owner. owner shall duly execute and acknowledge the Grant Deed. B. Closing. When Title Company has received the Purchase Price and the duly executed and acknowledged Grant I . Deed and has confirmation that the Deed of Trust can be reconveyed with respect to the Subject Property, Title , Company shall, no later than thirty (30) days from the date hereof, close escrow by taking the following actions. 1 Reconve in the Deed of Trust with respect to ( ) Y g P the Subject Property; , (2) Recording the Grant Deed in the official Records of the County of Butte; BPNSF6\SRF\0241629.02 09/18/96 5 { Form 'T-350 SCHEDULE "A" PREMIUM $1054 .80 POLICY NO. 17237 Amount of Insurance Date of Policy Order No. 2-57413JCW $385, 800 .00 SEPTEMBER 30, 1996 AT 10 :54 AM 1: Name of Insured: COUNTY OF BUTTE 2 . The estate .or interest in the land described herein and which is covered by this policy is : A FEE 3 . The estate or interest referred to herein is at Date of Policy vested in: COUNTY OF BUTTE 4 . - 1 The land referred to in this policy is situated in the County of Butte., State of . California, and is described as follows : SEE EXHIBIT 1, 2, 3, AND 4 ATTACHED This Policy Valid only if Schedule B Part I and II is Attached ' (c)-Whenever the Company shall have brought an action or,interposed a.defense 7. DETERMINATION AND EXTENT OF LIABILITY as required or permitted by the provisions of this polift,the Company may pursue This policy is a contras "- emnity against actual monetary loss or damage sus- any litigatign to final determination by a court of cojurisdiction and expressly tained or incurred by the' claimant who has suffered loss or damage by reason reserves the right,in its sole discretion,to appeal froadverse judgment or order. of matters insured againsfillrPthis policy and only to the extent herein described. (d)In all cases where this policy permits or requires the Company to prosecute (a) The liability of the Company under this policy to an insured lender shall not or provide for the defense of any action or proceeding,an inured shall secure to exceed the least of: the Company the right to so prosecute or provide defense in the action or proceeding, (i)the Amount of Insurance stated in Schedule A,or,if applicable,the amount and all appeals therein,and permit the Company to use,at its option,the name of of insurance as defined in Section 2(c)of these Condition and Stipulation; such insured for this purpose. Whenever requested by the Company, an insured, (ii)the amount of the unpaid principal indebtedness secured by the insured mor- at the Company's expense,shall give the Company all reasonable aid(i)in any ac- tgage as limited or provided under Section 8 of these Conditions and Stipulations tion or proceeding, securing evidence, obtaining witnesses, prosecuting or defen- or as reduced under Section 9 of these Conditions and Stipulations,at the time the ding the action or proceeding,or effecting settlement,and(ii)in any other lawful loss or damage insured against by this policy occurs,together with interest thereon;or as which in the opinion of the Company may be necessary or desirable to establish (iii)the difference between the value of the insured estate or interest as insured the title to the estate or interest or the lien of the insured mortgage,as insured. If and the value of the insured estate or interest subject to the defect,lien or encum- the Company is prejudiced by the failure of an insured to furnish the required coopera- brance insured against by this policy. tion,the Company's obligations to such insured under the policy shall terminate, (b)In the event the insured lender has acquired the estate or interest in the manner including any liability or obligation to defend,prosecute,or continue any litigation, described in Section 2(a)of these Conditions and Stipulations or has conveyed the with regard to the matter or matters requiring such cooperation. title,then the liability of the Company shall continue as set forth in Section 7(a)of S. PROOF OF LOSS OR DAMAGE these Conditions and Stipulations. In addition to and after the notices required under Section 3 of these Conditions (c)The liability of the Company under this policy to an insured owner of the estate and Stipulations have been provided the Company,a proof of loss or damage signed or interest in the land described in Schedule A shall not exceed the least of: and sworn to by each insured claimant shall be furnished to the Company within (i) the Amount of the Insurance stated in Schedule A; or, 90 days after the insured claimant shall ascertain the facts giving rise to the loss or (ii) the difference between the value of the insured estate or interest as insured damage.The proof of loss or damage shall describe the defect in,or lien or encum- and the value of the insured estate or interest subject to the defect,lien or encum- brance on the title,or other matter insured against by this policy which constitutes brance insured against by this policy. the basis of loss or damage and shall state,to the extent possible,the basis of calculating (d)The Company will pay only those costs,attorneys'fees and expenses incurred the amount of the loss or damage. If the Company is prejudiced by the failure of in accordance with Section 4 of these Conditions and Stipulations. an insured claimant to provide the required proof of loss or damage,the Company's obligations to such insured under the policy shall terminate, including any liability 8. LIMITATION OF LIABILITY or obligation to defend,prosecute,or continue any litigation,with regard to the matter (a)If the Company establishes the title,or removes the alleged defect,lien or en-_ or matters requiring such proof of loss or damage. cumbrance,or cures the-lack of a right of access to or from the land,or cures the In addition,an insured claimant may reasonably be required to submit to examination claim of unmarketability of title,or otherwise establishes the lien of the insured mort- under oath by any authorized representative of the Company and shall produce for gage,all as insured,in a reasonably diligent manner by any method,including litigation examination, inspection and copying, at such reasonable times and places as may and the completion of any appeals therefrom,it shall have fully performed its obliga- be designated by any authorized representative of the Company,all records,books, tions with respect to that matter and shall not be liable for any loss or damage caused ledgers,checks,correspondence and memoranda,whether bearing a date before or thereby. after Date of Policy, which reasonably pertain to the loss or damage. Further, if (b)In the event of any litigation,including litigation by the Company or with the requested by any authorized representative of the Company, the insured claimant Company's consent, the Company shall have no liability for loss or damage until shall grant its permission,in writing,for any authorized representative of the Com- there has been a final determination by a court of competent jurisdiction,and disposition pany to examine,inspect and copy all records,books,ledgers,checks,correspondence of all appeals therefrom,adverse to the title,or,if applicable,to the lien of the in- and memoranda in the custody or control of a third party,which reasonably pertain sured mortgage, as insured. to the loss or damage.All information designated as confidential by an insured clai- (c)The Company shall not be liable for loss or damage to any insured for liability mant.provided to the Company pursuant to this Section shall not be disclosed to others voluntarily assumed by the insured in settling any claim or suit without the prior unless,in the reasonable judgment of the Company,it is necessary in the administration written consent of the Company. of the claim.Failure of an insured claimant to submit for examination under oath, (d)The Company shall not be liable to an insured lender for:(i)any indebtedness produce other reasonably requested information or grant permission to secure created subsequent to Date of Policy except for advances made to protect the lien reasonably necessary information from third parties as required in this paragraph, of the insured mortgage and secured thereby and reasonable amounts expended to unless prohibited by law or governmental regulation, shall terminate any liability prevent deterioration of improvements;or(ii)construction loan advances made subse- of the Company under this policy as to that insured for that claim. quent to Date of Policy,except construction loan advances made subsequent to Date 6. OPTIONS TO PAYOR OTHFRWLSE SETTLE CLAIMS:TERMINATION of Policy for the purpose of financing in whole or in part the construction of an im- provement to the land which at Date of Policy were secured by the insured mortgage OF LIABILITY and which the insured was and continued to be obligated to advance at and after Date In case of a claim under this policy,the Company shall have the following addi- of Policy. tional options: 9. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF (a)To Pay or Tender Payment of the Amount of Insurance or to Purchase LIABILITY the Indebtedness. (a)All payments under this policy, except payments made for costs, attorneys' (i) to pay or tender payment of the amount of insurance under this policy together fees and expenses,shall reduce the amount of insurance pro tanto.However,as to with any costs,attorneys'fees and expenses incurred by the insured claimant,which an insured lender,any payments made prior to the acquisition of title to the estate were authorized by the Company,up to the time of payment or tender of payment or interest as provided in Section 2(a)of these Conditions and Stipulations shall not and which the Company is obligated to pay; or reduce pro tanto the amount of insurance afforded under this policy as to any such (ii) in case loss or damage is claimed under this policy by the owner of the insured,except to the extent that the payments reduce the amount of the indebtedness indebtedness secured by the insured mortgage,to purchase the indebtedness secured secured by the insured mortgage. by the insured mortgage for the amount owing thereon together with any costs,at- (b)Payment in part by any person of the principal of the indebtedness, or any tomeys'fees and expenses incurred by the insured claimant which were authorized other obligation secured by the insured mortgage,or any voluntary partial satisfac- by the Company up to the time of purchase and which the Company is obligated to pay. tion or release of the insured mortgage, to the extent of the payment, satisfaction If the Company offers to purchase the indebtedness as herein provided,the owner or release,shall reduce the amount of insurance pro tanto.The amount of insurance of the indebtedness shall transfer,assign,and convey the indebtedness and the in- may thereafter be increased by accruing interest and advances made to protect the sured mortgage, together with any collateral security, to the Company upon pay- lien of the insured mortgage and secured thereby, with interest thereon, provided ment therefor. in no event shall the amount of insurance be greater than the Amount of Insurance Upon the exercise by the Company of the option provided for in paragraph a(i), ` stated in Schedule A. all liability and obligations to the insured under this policy,other than to make the (c)Payment in full by any person or the voluntary satisfaction or release of the payment required in that paragraph,shall terminate,including any liability or obligation insured mortgage shall terminate all liability of the Company to an insured lender to defend,prosecute,or continue any litigation,and the policy shall be surrendered except as provided in Section 2(a)of these Conditions and Stipulations. to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) 10. LIABILITY NONCUMULATIVE the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment•required to be made, shall terminate, in- It is expressly understood that the amount of insurance under this policy shall be cluding any liability or obligation to defend, prosecute or continue any litigation. reduced by any amount the Company may pay under any policy insuring a mortgage (b)To Pay or Otherwise Settle With Parties Other than the Insured or With to which exception is taken in Schedule B or to which the insured has agreed,assumed, or taken subject,or which is hereafter executed by an insured and which is a charge the Insured Claimant. or lien on the estate or interest described or referred to in Schedule A,and the amount (i)to pay or otherwise settle with other parties for or in the name of an insured so paid shall be deemed a payment under this policy to the insured owner. claimant any claim insured against under this policy, together with any costs, at- The provisions of this Section shall not apply to an insured lender, unless such torneys' fees and expenses incurred by the insured claimant which were authorized insured acquires title to said estate or interest in satisfaction of the indebtedness secured by the Company up to the time of payment and which the Company is obligated by an insured mortgage. to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage pro- 11. PAYMENT OF LOSS vided for under this policy, together with any costs, attorneys' fees::nd expenses (a)No payment shall be made without producing this policy for endorsement of incurred by the insured claimant which were authorized by the Company up to the the payment unless the policy has been lost or destroyed, in which case proof of time of payment and which the Company is obligated to pay. loss or destruction shall be furnished to the satisfaction of the Company. Upon the exercise by the Company of either of the options provided for in paragraphs b(i)or b(ii),the Company's obligations to the insured under this policy for the claimed (b)When liability and the extent of kiss or damage has been definitely fixed in loss or damage,other than the payments required to be made, shall terminate, in- accordance with these Conditions and Stipulations,the loss or damage shall be payable cluding any liability or obligation to defend, prosecute or continue any litigation. within 30 days thereafter. 12. SUBROGATION.UPON PAYMENT OR SSLEMENT 13. ARBITRATION (a) The Company's Right of Subrogation. Unless prohibited by applicable law,either the Company or the insured may de- Whenever the Company shall have settled and paid a claim under this policy,all mand arbitration pursuant to the Title Insurance Arbitration Rules of the American right of subrogation shall vest in the Company unaffected by any act of the insured Arbitration Association.Arbitrable matters may include,but are not limited to,any claimant. controversy or claim between the Company and the insured arising out of or relating The Company shall be subrogated to and be entitled to all rights and remedies to this policy, any service of the Company in connection with its issuance or the which the insured claimant would have had against any person or property in respect breach of a policy provision or other obligation. All arbitrable matters when the to the claim had this policy not been issued. If requested by the Company,the in- Amount of Insurance is$1,000,000 or less shall be arbitrated at the option of either sured claimant shall transfer to the Company all rights and remedies against any person the Company or the insured. All arbitrable matters when the Amount of Insurance or property necessary in order to perfect this right of subrogation.The insured clai- is in excess of$1,000,000 shall be arbitrated only when agreed to by both the Com- mant shall permit the Company to sue,compromise or settle in the name of the in- pany and the insured.Arbitration pursuant to this policy and under the Rules in ef- sured claimant and to use the name of the insured claimant in any transaction or litiga- fect on the date the demand for arbitration is made or,at the option of the insured, tion involving these rights or remedies. the Rules in effect at Date of Policy shall be binding upon the parties.The award If a payment on account of a claim does not fully cover the loss of the insured may include attorneys'fees only if the laws of the state in which the land is located claimant,the Company shall be subrogated(i)as to an insured owner,to all rights permit a court to award attorneys'fees to a prevailing party.Judgment upon the award and remedies in the proportion which the Company's payment bears to the whole rendered by the Arbitrator(s)may be entered in any court having jurisdiction thereof. amount of the loss;and(ii)as to an insured lender, to all rights and remedies of The law of the situs of the land shall apply to an arbitration under the Title In- the insured claimant after the insured claimant shall have recovered its principal, surance Arbitration Rules. interest, and costs of collection. .A copy of the Rules may be obtained from the Company upon request. If loss should result from any act of the insured claimant, as stated above, that 14. LIABILITY LIMITED TO THIS POLICY; POLICY ,ENTIRE act shall not void this policy,but the Company, in that event,shall be required to CONTRACT pay only that part of any losses insured against by this policy which shall exceed (a) This policy together with all endorsements,if any,attached hereto by the Com- the amount,if any,lost to the Company by reason of the impairment by the insured pany is the entire policy and contract between the insured and the Company.In in- claimant of the Company's right of subrogation. to reung any provision of this policy, this policy shall be construed as a whole. (b)The Insured's Rights and Limitations. (b) Any claim of loss or damage,whether or not based on negligence,and which Notwithstanding the foregoing,the owner of the indebtedness secured by an in- arises out of the status of the lien of the insured mortgage or of the title to the estate- sured mortgage,provided the priority of the lien of the insured mortgage or its en- or interest covered hereby or by any action asserting such claim,shall be restricted forceability is not affected, may release or substitute the personal liability of any to this policy. do No amendment of or endorsement to this policy can re made except by r writing debtor or guarantor,or extend or otherwise modify the terms of payment,or release a portion of the estate or interest from the lieri of the insured mortgage,or release endorsed hereon or attached hereto signed either the President,a Vice President, any collateral security for the indebtedness. the Secretary,and Assistant Secretary,or validating officer or authorized signatory When the permitted acts of the insured claimant occur and the insured has knowledge of the Company. of any claim of title or interest adverse to the title to the estate or interest or the 15. SEVERABILITY priority or enforceability of the lien of an insured mortgage,as insured,the Com- In the event any provision of the policy is held invalid or unenforceable under pany shall be required to pay only that part of any losses insured against by this policy applicable law,the policy shall be deemed not to include that provision and all other which shall exceed the amount,if any,lost to the Company by reason of the impair- provisions shall remain in full force and effect. ment by the insured claimant of the Company's right of subrogation. 16. NOTICES, WHERE SENT (c)The Company's Rights Against Non-insured Obligors. •All notices required to be given the Company and any statement in writing re- The Company's right of subrogation against non-insured obligors shall exist and quired to be furnished the Company shall include the number of this policy and shall shall include,without limitation,the rights of the insured to indemnities,guaranties, be addressed to the Company at: other policies of insurance or bonds,notwithstanding any terms or conditions con- tained in those instruments which provide for subrogation rights by reason of this policy. Fidelity National.Tide Insurance Company of California The Company's right of subrogation shall not be avoided by acquisition of an in- National Claims Administration: sured mortgage by an obligor(except an obligor described in Section I(a)(ii)of these 17911 von Karman Avenue,Suite 300 Conditions and Stipulations) who acquires the insured mortgage as a result of an Irvine,CA 91714-6253 indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy,notwithstanding Section I(a)(i)of these Conditions and Stipulations. SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs, attomeys'fees or expenses) which arise by reason of: PART I 1.Taxes or assessments which are not shown as existing leins by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary tines, shortage in area, encroachments,or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,claims to title to water, whether or not the matters excepted under(a), (b) or(c) are shown by the public records. oil 1 1 Fidelity National Title Insurance Company of California 17911 Von Karman Avenue, Suite 500 Irvine, CA 92714-6253 Policy No. : 17237 Order No. : 2-57413JCW �.Sed .. • SCHEDULE "B" • '' EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART I All matters set forth in paragraphs 1 through 5 inclusive on the inside of' the Cover of this policy under the caption Part I of Schedule B. • 1 . Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 1996 - 1997 . -2 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3 . 5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3 . Easements and building setback line, dedications or offer for dedications, if any, and statements, if any, as shown on that certain map filed in' the office of the Recorder of the County of Butte, State , of California, on FEBRUARY 24, 1994 in Book 132, of Maps, at page 93, 94, 95, 96 AND 97 AND RECORDED DECEMBER 21, 1994, IN BOOK 136 , AT PAGE • 14, 15, AND 16, referred to herein. PART II NONE CLTA Standard Coverage Policy EXHIBIT 1 SUBIECT PROPERTY All that certain real property situate in the County of Butte, State of California, described as follows: Being a portion of Parcel 2 as shown on that certain map entitled "Parcel Map B", as filed in Book 132 of Parcel Maps at Pages 93 through 97 together with a portion of Parcel 2 as shown on that certain map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B", as filed in Book 136 of Parcel Maps at Pages 14 through 16, on file in the Office of the County Recorder of the County of Butte, State of California, more particularly described as follows: COMMENCING at the most northerly corner of Parcel 1 as shown on that said Parcel Map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B", said corner lying on the westerly right-of-way line of Nance Canyon Drive, said point also lying on the easterly line of a 100' wide electrical easement as recorded in the Office of the County Recorder of the County of Butte, State of California in Book 322 of Official Records at Page 145; THENCE leaving said westerly right-of-way line of Nance canyon Drive, South 41015'50" East, along the easterly line of said Parcel 1 and the easterly line of said electrical easement, a distance of 152.02 feet to a point on the easterly right-of-way line of Nance Canyon Drive and the True Point of Beginning of the herein-described parcel; THENCE leaving said easterly right-of-way line of Nance Canyon Drive, said easterly line of Parcel 1 and said easterly line of said electrical easement, North 04027'59" East, a distance of 1030.81 feet; THENCE North 53025'35" East, a distance of 970.00 feet to a point on the southerly line of said Parcel 2 as shown on said map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B"; THENCE leaving said southerly line of said Parcel 2, South 66025'10" East, a distance of 613.47 feet to a point on the northwesterly line of the Butte County Disposal Site as described in deed as recorded in the Office of the County Recorder of the County of Butte, State of California, under Recorders Serial No. 92-003801; THENCE along said northwesterly line, South 11 033'07" West, a distance of 1035.00 feet to the most westerly corner of said Butte County Disposal Site; THENCE along the southwesterly line of said Butte County Disposal Site, South 36034'25" East, a distance of 1000.00 feet to the most southerly corner of said Butte County Disposal Site; THENCE leaving said southwesterly line, South 60034'04" West, a distance of 1082.29 feet to a point on the easterly line of said Parcel 1, said point also lying on the said easterly line of a 100 foot wide electrical easement; THENCE along said easterly line of Parcel 1 and said easterly line of said electrical easement, North " 41015'50" West, a distance of 1315.33 feet to the True Point of Beginning. The above-described parcel contains 64.30 acres, more or less. EXHIBIT 1 9119196 1. EXHIBIT 2 OPEN SPACE AREA I All that certain real property situate in the County of Butte, State of California, described as follows: Being a portion of Parcel 2 as shown on that certain map entitled "Parcel Map B", as filed in Book 132 of Parcel Maps at Pages 93 through 97 together with a portion of Parcel 2 as shown on that certain map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B", as filed in Book 136 of Parcel Maps at Pages 14 through 16, on file in the Office of the County Recorder of the County of Butte, State of California, more particularly described as follows: COMMENCING at the most northerly corner of Parcel 1 as shown on that said Parcel Map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B", said corner lying on the westerly'right-of-way line of Nance Canyon Drive, said point also lying on the easterly line of a 100' wide electrical easement as recorded in the Office of the County Recorder of the County of Butte, State of " California in Book 322 of Official Records at Page 145; THENCE leaving said westerly right-of-way line of Nance canyon Drive, South 41015'50" East, along the easterly line of said Parcel 1 and the easterly line of said electrical easement, a distance of 152.02 feet to a point on the easterly right-of-way line of Nance Canyon Drive and the True Point of Beginning of the herein-described parcel; THENCE leaving said easterly right-of-way line of Nance Canyon Drive, said easterly line of Parcel 1 and said easterly line of said electrical easement, North 04027'59" East, a distance of 1030.81 feet; THENCE North 53025'35" East, a distance of 970.00 feet to a point on the southerly line of said Parcel 2 as shown on said map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B"; THENCE leaving said southerly line of said Parcel 2, South 66025'10" East, a distance of 613.47 feet to a point on the northwesterly line of the Butte County Disposal Site as described in deed as recorded in the Office of the County Recorder of the County of Butte, State of California, under Recorders Serial No. 92-003801; THENCE along said northwesterly line, South 11 033'07" West, a distance of 51.12 feet; THENCE leaving said northwesterly line, North 66125'10" West, a distance of 595.17 feet; THENCE South 39050'26" West, a distance of 425.71 feet; THENCE South 53025'35" West,.a distance of 458.94 feet; THENCE South 04027'53" West, a distance of 1038.95 feet; THENCE South 41 015'50" East, a distance of 1113.94 feet; THENCE North 60034'04" East, a distance of 1035.42 feet to a point on the southwesterly line of said Butte County Disposal Site; EXHIBIT 2 9/19/96 1. I THENCE along said southwesterly line, South 36034'25" East, a distance of 50.39 feet to the most southerly corner of said Butte County Disposal Site; THENCE leaving said southwesterly line, South 60034'04" West, a distance of 1082.29 feet to a point on the easterly line of said parcel 1, said point also lying on the said easterly line of a 100 foot wide electrical easement; THENCE.along said easterly line of Parcel 1 and said easterly line of said electrical easement, North .41015'50" West, a distance of 1315.33 feet to the True Point of Beginning. The above-described parcel contains 9.53 acres, more or less. EXHIBIT 2 9/19/96 2. EXHIBIT 3 OWNER'S PROPERTY All of that certain real property described as Parcels 1 and 2 as shown on.that certain Map recorded in Book 136 of Maps at Pages 62-64, on May 18, 1995, as serial #95-16439, County of Butte, State of California. and All of that certain real property described as Parcel 2 as shown on that certain Map recorded in Book 132 of Maps at Pages 90-92, on February 24, 1994, as serial #94-8678, County of Butte, State of California. and All of that certain real property described as Parcels 1, 2 and 4 as shown on that certain Map recorded in Book 132 of Maps at Pages 93-97, on February 24, 1994, as serial #94-8680, County of Butte, State of California. , and Al of that certain real property described as Parcels 1, 2 and 3 as shown on that certain Map recorded In Book 136 of Maps at Pages 14-16, on December 21, 1994 as serial #9451359, County of Butte, State of California. and Al of that certain real property described in Parcels 1, 2, 3, 4, 5 and Remaining Lands as shown on that certain map recorded in Book 136 of Maps at Pages 34-36, on February 27, 1995, as serial #95-6103, County of Butte, State of California. EXHIBIT 3 1 EXHIBIT 4 RESTRICTED USE AREA All that certain real property situate in the County of Butte, State of California, described as follows: Being a portion of Parcel 2 as shown on that certain map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B", as filed in Book 136 of Parcel Maps at Pages 14 through 16, on file in the Office of the County Recorder of the County of Butte, State of California, more particularly described as follows: COMMENCING at the most northerly corner of Parcel 1 as shown on that said Parcel Map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B", said corner lying on the westerly right-of-way line of Nance Canyon Drive, said point also lying on.the easterly line of a 100' wide electrical easement as recorded in the Office of the County Recorder of the County of Butte, State of California in Book 322 of Official Records at Page 145; THENCE leaving said westerly right-of-way line of Nance canyon Drive, South 41015'50" East, along the easterly line of said Parcel 1 and the easterly line of said electrical easement, a distance of 152.02 feet to a point on the easterly right-of-way line of Nance Canyon,Drive; THENCE leaving said easterly right-of-way line of Nance Canyon Drive, said easterly line of Parcel 1 and said easterly line of said electrical easement, North 04027'59" East, a distance of 1030.81 feet; THENCE North 53125'35" East, a distance of 970.00 feet to a point on the southerly line of said Parcel 2 as shown on said map entitled "Parcel Map, a Division of Parcel 3 of Parcel Map B"; THENCE leaving said southerly line of said Parcel 2, South 66°25'10" East, a distance of 613.47 feet to a point on the northwesterly line of the Butte County Disposal Site as described in deed as recorded in the Office of the County Recorder of the County of Butte, State of California, under Recorders Serial No. 92-003801; THENCE along said northwesterly line, South 11033'07" West, a distance of 51.12 feet; THENCE leaving said northwesterly line, North 66025'10" West, a distance of 595.17 feet; THENCE South 39050'26" West, a distance of 425.71 feet to the True Point of Beginning of the herein described parcel; THENCE South 53025'35" West, a distance of 458.94 feet; THENCE South 04027'53" West, a distance of 1038.95 feet; THENCE South 41 015'50" East, a distance of 1113.94 feet; THENCE North 60034'04" East, a distance of 707.68 feet; THENCE North 53°46'27" West, a distance of 379.28 feet; EXHIBIT 4 9/19/96 1. THENCE North 20043'06" West, a distance of 1683.57 feet to the True Point of Beginning; The above-described parcel contains 31.82 acres, more or less. i. . 1 EXHIBIT 4 9/19/96 . 2. - - - - 30129 BLAKELEY SWARTZ PARCEL MAP 3613% szee.se 31 3z 40-60 r 1 REd(A/N/NG LANDS"-5 I �pI Irw•09.7-000a •{ REMAIN/NG !-J 'O cJ1� I LAm -J2 J3 NDS- - T22H 172 5 4r2FN _ J4 I r•150.61 AC! 71 4 I 4 J - - -• - - - 34IJ5 _ •'I PTN.57 PTN.5? I I I II J oz - _235I13r RA oer ore 592 592-48 AC!' _ 3 3/ / 6 3/ 32 T22H I I I _ S9P4aR6f7 M•ATiNI I jN P`• 7A0r.s% /06.67AC tiro1 U.S.A. .68aC I 3 �7y4 61II - r21N PTN• 79.87A AC , 41 122.93AC- 2000, SKYWAY PTAPARCEL 35 40 4 PTN.REM,LANDS T :e44.ss ;i PM 136-3T ' LANDT �5e 1Tr: N.PARC£L 2 I 3 PORTION , 69 . PARCEL 24 2PARC£LSrtH 2s� w 1 I ,�'t I 33/. IAG.'• PORT/ON PARCEL 41380 AC 4at6•.q1 1 /50 AC I 6199AC. I I 9 19 N Ck7 _ 4 ORTlON \ .S-• -- -.� _ - _ - 4�, 5 I .:b� I o O f' ,RECS - 1 P C 9 .. 2 A I% - 00 O C. 2 • lR _ O - - a z' 49 O ,�• I 36egc± I io Ii - - ° z�/ ar 6 PG9OPme' _ / 65 aC e60 AC / /2 - I I o PORT/ON PARCEL /2 • PARCEL 4 � 'rwA ` �• � Two oer_ a:'r I PORTION L 2/ON PARCEL /s I 340AC• a9r oer-a - I ON PARCEL 37 •» POR ttV. \PARCEL /r'r-3 O 34 O I 0 \ o I I `i 9� I 751 p\i PARCEL 23 60 q3 1 66 590.58AC ` PTN.PARCEL 31.2 L PTH.•`•:i; ... v. r,� I STN. PARC 3 rR I• a 38 t EL 3 oe1-ooe o e o •t 34 i a �: 1 I 0• o i\ � 610 264.32A. �, I 2000 •}rs tip: ' t 14e.OIACS•,, \ I . •a>>. 7.19 I a I 7 PTN 24 65 " to 90.001 15 OJ O .rte, 129AC'- PTH• r /314 \ 6 bo BUTTE CO DISPOSAL D 61 A cet_ PTN. PARCEL 2 PTN.PARCEL 33 / \' -/I I/2 ti 1 L SITE t oot I PARCEL 14 EMA/MING LANDSt / ,•U /4 /3 0� 77.2 AC ' ",� a PTN24 y/ �� \ 30 fbRT/ON P EL It r-3 w I G 0G0 O 05 120 AC+•� I 59 �140AC. +° ,\ /SAP 061 \S DETAIL"A"z w•ost_oor / PS<a• "s �•5 o ?3.6/AC °oetd,TH.2 613 9\51 05 •/ I.._/000' two PORT/ONS''•,; PTH it O.iL 771 6SP 3/ PAR�EL//�t'3- .� Ao X60 / _ o �•OS� o PARCEL MAP 136-34/36724 f!• \ e 5 / 24 67AC PARCEL MAP 134-9319' 2-211/15/94 PTn13 32 / 1j1opt. J PARCEL MAP 132-98/,003 2/24/94 62 q 'NESE PARCELS ARE rOR ASSESS.ENr PURPOT[S 4 \ '►RfM4i' NG t\`// `/ oNLr AND NAr Nor coNsrrraTE LEGAL PARCELS. PARCEL MAP /32-90/92',2/24/94 I3/AC,t E o _oos D+ FORCEL MAP /32-93/97 2/24/94 PARCEL MAP 123-58/63r 7/18/9/ \PCLI I Assessors Mop No. 40-60 PARCEL MAP 12/- 1/7/ 9/2//90' \ saTd�- PTN 63 uarAe/dl3 - — / County of Butte, CO. \ REVISED.' a .... .. 40-01,02, .. /_ 03,/2,32 H a 09 _ ��, _.... -.. ._ .._..�.�. �. ..�.+� ....._..�-'C.�...�� - moi- • _w` , 1 j 1 I 1 1 �1 I I ££ ££9Z r , -/ ,'dNnO✓•1Nn0�311nB I ^ 1 I1 01 f i 622g�� a )auoz buijsix7,� 10 r� Otis - r� 0-d i • \��'��. � � - —�� y`,moi' _�� -,��,• _ • • ,;�� 1 � /r� ,moi .��►�� fi!t ` .� �� + - .i"'. ��y}��•�...�. . � � � � Qom'd�_�i�_J\�..� ��7 'l ��y' j� �•��/.'- �..�. +�' �/��'� �� 01 INS J i kT 1AIAAf/ Zw 10.1m,WO DATE JAN.2001 DWN SER the APP Site Plan (tj�group. PRO TN• EMCOA-70 WT Solid Ill Services L 792363 4 t 1 i 7 j r M� a �� ,r , '.i. .�,$�:} , �.c: .�. 3. �.. i � i . .t. 1�: �� i:. . ��,s� �•�_ � � � �� q{y � . �� Si.�. �ts,� n. N� i .F �;. :i� +6'� ' .,� , ` i \ g, • � � �_ -- �- _- - In 11101-11- ,vzz#*,4Fdl Wml - r - OL 9-1 pal_00-MISSION= FIGURE 3-3 DWN the APP Existing Site Conditions �► PROJECT Rezone from U 6734) to P-Q 2 �g Landfill zoned P-Q 5 .79 . N 'v BLAKE -SWARTZ PARCEL MAPS _ 4U— b U PTN REM LANDS'-2-4-58 4 14829ACt 8 3 i TRA 062-01 712.73Ac 2 PT 41-REI LNDS2-4-54-5° i -. 94.68 AC 'e PTN 4' REAL LNDS2- 5� ? 6 TRA 062-008 6 7 RS 110-71'-2 s PTN t n PM 1'12-is 284x. '5? 70 a 73 -2 0 , 04 isS PTN 4 - 2- ,t0.49 ACt5440 AC 150 ACt OR 331.71 AC 4 3 t7763.99 AC 0 69 3e 50 s PTN 2'-a'-22 46.62 -Zs AC ?! '� 68 Ze ��zR�9��e'ti � ro 9) PTN REAP LANDS' -42 t AC PTN it-2-s 26 PTN 2' j 141 -091 j 7 6 6.►e '��° I o N r 58 29 380 AC 45 u 62 TRA 093-oot 1'=:2000, { 75 PTN 13-2'-2-41 PTN 1t_2_s 3a , P1N 2 1-4 I-REM. LND. PTN 41 -4 � Col. 388 ACt 1 1-3-9 21-2-4' 350 AC e60 148.01 aCt TN 21-3 L REM. LNO.� 0 32-34 7 8 4 /9 i 6 558.22 ACt �t 4 PTN 24 0 1� 1t'9 10 3' zap 63.89 ACi 11 65 1 1 t-2-!L2!-36 125.76 ACt 590.25 AC - ' T7051 1-2-5 P1N 2'-REM. LND.2 4-21 s.� BUTTE CO. DEPOSAL SITE PM 1 1-3-9 t-2 31-32 PM 21-e PM 1 -2 264.27 AC 3 3 '1 TRA 062-002 61 129 44 .' t PTH 2'-REM. LND-�&-27 » » 120 Act 91.78 Act ><s 77.2 Ac D ETA{L A 80 23.61 AC 1 = 1000' o s aIL A' , ' ' PTN 31-32 _ ��• 176.09 AC � � - _-- ------ PTN 1 s-2L.36 _ ' �' � 24.67 AC , PTN 31-32 TRA 070-009 � ' �. - �� . 62 0 : . Butte CountyyyAssessor s Mop 32 PARCEL MAP 136-62/649 5-18-95 ECENED 3 PARCEL MW M 136-34368 2-27-95 � 12-21.-94 5' Book Page 60 R PARCEL MAP 136-14 16mss `� �� // 131 ACt`� 14 _ PARCEL MAP 134-93/956 11-15-94 70 AC DEC 1 8 200017 PARCEL MAP 132-98/1005 2-24-94 NOTE Tlass parcab am for assu==me ,= �: '/ 59 PARCEL MAP 132-93/974 2-24-9412 -24-94 oNy and may Not oare�rts lao 63 81 PARCEL MAP 132-90/923 2=24-94 �-�' , CCi1NiY OF%LtE `�' PARCEL MAP 123-58/632 7-18-91 rl CREATED BY db CREATED ON 12-14-2000 ,EVELO.;'ENT MV PARCEL MAP 121-1 9-21-90,. MIMED BY ICLVLSLD W MW ON 12-14-2000 58.99 AC �� EFFECM 2001-OZ ROLL Pmvkw Bbok 40, PbrMan Of Page 01 4Caqv&d W 111s BNttd Cowity Asposmes OhYm ; i { _ ► v v ' l ?j. . N J28698 4 ' PTN REM 4 414829ACt 8 3 TRA 062-01 A. h - 71 712.73Ac PT 4-REM LNDS PTN 94.68 AC .s 4' "U LNDS2-a-a S` 1 6 �. RS 110-71 TRA 062-008 -2 s PTN 1'12-15 2544. -52 70 PTN 1 —2 ^o , 4 110.49 ACt z to PTN 4 - -S� O4Q AC 57 150 ACt f CIL 331.71 AC 4 3 p .077 8 63.99 AC �0 69 3s Y -25 50 PTN 2'-4'-22 46.62 AC t.. -25 ?''o r M PTN'REM LANDS' 742 AC PTN t t-2-s 26 PTN 2 -09141 -09 NJ.. 76 �g�,b ti}� z ►,� 53 29 380 AC 45 u 6 TRA 093-001 1'=200 0 7 5 i. 9 m PTN 13-2'-2-4' -2-s PTN 1 -36 PTN 2 -4'-REM. LND.' PTN 4' -4 1 60 388 ACt 1'-3-92'-z_4' 350 ACS �D O 2'-3'REM. LND.�32-3` 148.01 ACt 78 `4 PTN 2 e 558.2* ACt YL > > • 17 2��10 3 � 63.89 AC 1 . 1 65 �-z-s � 77 1 2-36 125.76 ACt �°W 590.25 AC 2'-REM. LND.1 4-27 05 FTN 1'-2-s . PTN s`l BUTTE CO. D1�_POSAL SITE 1-6 PTN 1'-P-9 2►-2 264.27 AC ^. PTN 3'-32 PTN 2 TRA 062-002 614 4 1 129 t -' PTN 2'-REM. LND.L.34-27 77.2.z Ac DETAIL- A" n . 120 Act 59 91.78 Act�• :s 80 i 23.61 AC ►_1000' 5 All A' ' PTN 3 -32 176.09 AC PTN 1 s 2-36 _ i ; • '��:►g2.5 - i 24.67 AC 32 TRA 070-009 62 0 SEE - PARCEL MAP 136-62/649 5-18-95 `, o '; Butte County Assessor s MOP 3PARCEL MAP 136-34/365 2-27-95 RECEIVED32 -PARCEL MAP 136-14/167 12-21-94 -s \ `, Book 40, Page 60 131 ACt 4 g 1 '9� PARCEL MAP 134-93/95 11-15-94 • � � D E C i 8 2000 . .� � PARCEL MAP 132-98/1005 2-24-94 �, MOM11+ae par�efs are for aaeaaavrlent 59 - 2 7Q AC W. PARCEL PARCEL MAP 132-93/974 2-24-94 •� � and rw1' not � P 63 �� 81 PARCEL MAP 132-90/923 2-24-94 CCUNT`f CF 3L!'�E PARCEL MAP 123-58/632� 7-18-91 CREAW BY A CAFATED ON 12-14-2000 ON PARCEL MAP 121-1 ' 9-21-90 . . - 58.99 AC �� REVISED 8Y ON 12--14-2= 20012 ROLL Predose Back 40. Pbrtfon Of Pop 01 1b. M. : *Tm BASIS OF BEARING , * CENTERLINE DATA FOR 60 WIDE Z •` I I I RICHT-OF-WAY. RIGHT-OF-WAY N 893s'Id W 5303.81"(R-1j J 4- I.P. ; PARCEL 5 I BOUNDARY LINE DATA ```, N 12'30'55' E (R-1) LIMCEIITS ARE 30' ON EACH SIDE OF • RCE 420.1(R-1) I JAW `%` 5,`h1' 1 UNE DIRECTION DISTANCE ``\`� 5 1 4 4 I r 3 ( 2 `a t'2 I 1 1 S 897 58 E 987.60 ;y ELECTRICAL /// i - f 1 , I 2 S 41.48 4 E 763.18'' 63.18 � TRANSMISSION r 3 N 751333 E 94.24 ------------t•-- -�--- -,'--+--- 5 N 904524 - - -�r---- -------------- � 172.29 . i I `1 i 7 S 8736 E 490.11' N 12'30'55" E 8 1 9 9 , ..10 10 I 11 ✓ r 11 I 12 9 N 73'2 43 E 254.83 30.21' N 7073.14' W r I 1780 N 3744 E - 247.38 ' 350' WIDE ELECTRICAL ' i I 12 N-211 1 E7t 1.55 A= 85'05'13" FD. 3/4'I.P. I _ TRRAN5�5gON UNE I It d 13 N 361W26-W 291.23 R = 603.00' RCE 14203(R-1) I EASEMENT. I ` PARCEL '4 14 N 35'3f25-W 268.5 - A ` ' L 891.03' •,.Z - - BOOK 1286 O.R. PAGE 646 I `1` I 13 S 30533 W 14°5.65 , r I 18 N 36.3 25-W. 1000. 17 N 1/730 .E PARCEL 3 I 18 N 3873 0 E 760. �a.. \ ' 19 �•-N53193-5 3S-E 2445.70' 20 S 36.3425 E 1068.9 a B PARCEL MAP BOUNDARY p e•� 1 22 N 683425 E 53.93 v `� I I 25 N 32111-115- E 905 86 I V 1 r 27 N 85 43 E 221.505 ` ' PARCEL 7 �, ``� ;' 1 28 N ss 4r E sn.805 \\ 02 ``•`` I Q 4 BOUNDARY CURVE DATA \\ PARCEL 1 • , 'gyp:-. EXISTING PARCEL NUMBER PER R-1. TYP. 1 `1 i I P23 RADIUS: LENGTH DELTA \ w C SCALE 1�=1000• I _.�- 1, 4530.00. .310.76- -0871 51 \ 60.00'WIDE ROAD ACCESS 4, r ! -•r �' I it I -1484 >259.80r: 1!7 46 AND PUBLIC UTILITY C.• O ``�` !1! n , EASEMENT TO BE `� N•{ , r ` I 970. 18'342 RESERVEO IN DEEDS 1174 33 71 76'2824 :v \ N 141728" E 5774 . .,8843 76W 49 2 \ 929.06' 1 I UNE EASEMENT i 25! WIDE POLE �� I 24 570. 176.81 174622 \\ FO' MADE RIGHT-OF-WAY 1% ( I BOOK 90 D. PAGE 140 ' `` I 28 63a 387. ° A- 9754'59" I i 1` ( \\ R o 600.00' Rr✓ NIAINJNG -LANDS L = 292.34 , \ 1` , ----- ------------ 9 10 10 11 N e(R-1) w 12 PARCEL LINE DATA -- --------- ------------ ----- --- - --- 87002' --- -- -- ---r UNE ORtECTION DISTANCE O' 691.75• y 27 28 A S 70'4'43 E 769.6 E + 16 ``.15 15 14 `a '�P ' 14 13 c S 141 2 W 929.08 SEE DETAIL E I ♦ .� E S 137 E 870.1E UP' ` . I p PARCEL 3 ' 9>� ,9 . �JJ NOT A PART 2 .. I m I �� 4• 25 PARCEL CURVE DATA tion 100'ME ELECTRICAL o- f ROAD . TRANSMISSION UNE I `;�` 723.31 AC. I t y ♦Vi,l 4� r CURVE RADIUS IENCTH DELTA •11 EASEMENT. 'Cl 1_ 111 24 B _5.0.0 M. 85'Q5 13 i BOOL 322 Oft PACE 1415 `` W 555 14�' Eo-,l� 6�6 a .' 2J D 830.00° ° moo' 2434 59 9y _-�AL ...........4 6 o- 21 _ I TOTAL 5 \ ` 1? 22 EIKILINE '`'`. 18 O?' ....SEE DETAIL C _ DETAIL D BOOK 17�O.II. PAGE 337 ` 2 \, ```` �Qpp• ��` SCALE 1"=500' ` a PARCEL 1 \ :;;�, = 17 13 E N 13'37'3 TOTAL* PARCEL 2 70.00 AC. \\ s \ ,Q- is 4 80.00 AC. 14 2 30.00' 4 s 30.00' 30.00' PA Il C E �\ 24'* a 1 ip� NOT A PART 3 _ �JO.CO' `�` r9 2 \\ V' B �`�` `J e .� 13 �� A o OA'22'56" \n N 22'20'13" E FU R 3530.00' \�"P o �```` •I _/ •- "� \ 131.57 (R-1) AL L 269.99' 13 a .. SEE DETAIL B '� �� NE A= DO'29.13' N 53'25.35 E '' ''' 33' TO DETAIL E `` 1320.81' I .t - 12 34' (R-1) A= 0876'49" A= 00'39'42" R a 30.00'00' R - 1800.00'(R-1) R = 3530.00' 'y�,1C, w\; • � ` I ,., � ,t; L= 707.77' L = 40.77' NO SCALE SEE DETAIL a`.```` 15 I,14 F0. BRASS CAP 1 - • •. MON. STAMPED N 2270'33'E ` _ \--- -----�a`r--'�"" --- rO' ' ` N 28i00'40" E 6&78-(R-t) 9 --+ `````, 11 r RCE 12436 (R-1) / ^ 454.28' (R-1) -"a'r '- Ei. - + `�.- 23•. 15 114 N 2110'15'E I 69.00'(R-i) 3/4'I.P. RCE 14203(R-1) --NDT A PART 2 - �: •.I 10 -- -- '_.,.,� 22 23 10 N 88.49'-I W ` 195EASDENT TO COUNTY A DIVISION OF A PORTION OF PARCEL 3 AND REMAINING LANDS SEE DETAIL A 1.54• (R-1) 195 DDS. 44(R-1) �- 3 "r- n s 7 B 9 I - p OF THE VESTING PARCEL MAP `4 5 1 R- 183O.w (R-11 A- 075°•20 FOR BOUNDARY LINE MODIFICATION '12REFERENCE TIE R ' 1800.00•(R-1) 21 RECORDED IN BOOK 123 OF MAPS r .TOTAL-_ -1N /0.48'ld-W L 75.02' L - 246.27' - 240.81'•(R-1) 30.00- AT PAGES 58 THRU 63 • <+e• 30.0°' 20 SERIAL NO. 91-29191 14 ' BUTTE COUNTY CAUFURNIA N.54`05'30r E: ✓ /2 PpW9 FOR N`647r1s .E Ae•07'2724- DlsPosAl 30.00' NANCE CANYON PARTNERS, L.P. a ¢.. 3 x b= R -m. ( ) :r - -'+ f ;820.00' R-1 SITE �. ' -.'••�' -�'`- _ rC:ti�,.,n''4w^d"L°• '. _ r ` "' y, -" " s'� Y x.'�+.r ., ice 189 (R.1).e• •moi. 5,"';' ..-t L '108&7Ys✓��. DETAIL `8 F. tna.aK(ro)esi-Im - _ - N 21.2421 F-.W ' wr'>,`r+•.�•[,ter': ,tr, ,l' N 5378'24• E BY ✓ y, , ..�••. Y a.a P• r � � 78.80' (R-1) T9 OW,(R 1):4 3NO SCALE ROns.qKjorsol15 ROBS .J R ( 850.00• R-1 .f ) ��(t OIML eNolNeeA• DETAIL=A ' 9 5z2c9 . O 0449'04' DEEDED.TO COUNTY /tTp�•` DETAIL C- �,M �'. ham=' •F✓`r:+ - mss.w.r<Lsne)eoe-:.0 (R-1) 1918 O.R. 519 (R-1) NO SCALE y.•.•q JANUARY 1994 93107 SHEET 3 O� 5 r•.s-'+nr. :.�-�.•�r�anw.��:in.s:�-�w:Ys•�:_::�2'?=...�=_:."S_.:�'+t'�:��-Z'x"�:_^kr•L-e'.�'•"a'_+-'�_'.:`:.�-=r_„_•�^_-.`�^_c�s��.'�t.z='+�•'.Ti'!'.;`S�."�,.... - _.. �. - .. '.ti •�1 11 >t1�1. I 1!�'/a rT; I I I-I jT•�ITI'Tiri'1`tj'' [•'I t , I - .I,; ri:•r, ;y,• i ... .4 _ _ , � � . � ... .. I- A T( r r � � I e C =RI;NE DATA FOR 60' VADE { BASIS Or BEARING 71 F? C r ( Z\ �_ ) +` �'g��i''� RIG:-T-OF-WAY. PICHT-OF-'NAY N 89'55'10' N' 5303.87' R-I J r F (• 7 ' �L��Ir Lt\_L-�- ' ( ) '\ -� `�� i - LIMITS ARE 30 ON EACH SIDE OF , FD. 3/a_ I?. (R-2) w -�6 ----------'-- ,2'3x':5- .=-7) E - I /RCE 14203 (R-t) I a\ �� 1 /, _ -C=r_cR!1NE---�--- hyh 15 SET 5/8" REBAR WIT ?LASi.0 CAD ' 5 1 4 4 1 /3 3 2 0,�` if 2 ; MARKED PCE 28998 N 72'30'55' E °•`` ELECTRICAL O FOUND 5/8" RE5AR WITH PLASTIC CAP 30.21'(R-1� `� i- TRANSMISSIGN - ---♦ -- -�,,--------t--------- - ----- -----1---�-- MARKS RCE 28998 / TOWER, TYP. 8 10 I i i ✓ / i? I 12 o FOUND 5/8" RESAR WITH PLASTIC CAP �' 70'47'45- Ts r 1 \ I I I MARKED RCE 2436 jj' �� ': 773.:,•' I 350' MADE LECTRICA!- ' 1 T' F0. 3 <' I.P. I C ., = 600.00' / P /, F� I -1 V �� i • FOUND MONUMENT AS NOTED R 600.03' A T Y \� TRANSMISSI UNE �+- � , r RCE 74203 (R-1) I EASEMENT.1 + ' ` `. 837'03 ` 1 Z (R-2) BODY. 12861 O.R. PAGE 646 \ ` 1 0 FOUND SECTION CORNER AS NOTED L1 rr r I /I I' 1a".• CALCULATED POINT. NOTHING SET LJ `i PARCEL 2 ' I -'o.•> \A Z `�1 (R-71) 1 NEW PARCEL L!NES 1 t / PARCEL 2 NEW PARCEL NUMBERS a/ I PARCEL MAP BOUNDARY l bp0 p9° £ ' I \ ------ EASEMENT LINE% tt r --- SECTION LINE r1 T(R I) ! Z I/ b` $• � f R RECORD SCALE T"=1000 ! J'.J 4 1 $ " ACCESS TO BE RESERVED I (p� PARCEL 3 r� i1 I 12 SECTION NUMBER IN DEEDS AND OFFERED I Ic p° I a , 1 FOR DEDICATION 2 \ .��' 264.32 AC. r I Z +t N 14.17.28' E ryl I 929.06' �: 96• I JB 25' WIDE POLE � 60' 'KDE RIGHT-OF-'•V+,'f I . 7``1 I phh' ry1 ?9 00. LINE EASEMENT i--- BOCK 90 D. PACE 740 � Z_ ,= 27'5•-59- r r R = soo.00'' PARCEL 1 �`` I PARCEL MAP BOUNDARY R r f I 3 t ` 1t 1 J ' i ` ' L = 292.34' 9 10' I 0 1 1i 12 N 89'55.18- w ^^'� ;; 1 BOUNDARY LINE DATA \ \�`VI I 691.75 i I ` 71 rr 1870.02- N' . -- ------------ -----------I-t------- -- --- - - ---J UNE A R-X) -� 1 87002' T- DATA ( I �� - 16 1 ` 15 15 I i4 �l °Q7 F. Z �,J` 5 t6 t7 UNE DIRECTION- I DISTANCE \ `.` `9 `s.�'P + 14 13 1 N 75'13'33' E I 94.?4' \ SEE DETAIL D - I ✓ I `\V' 'oo• 9ry �J� N 80'x5 2a--E 172.29 \. ` 1 PARCEL 2 I �� 0 5 ; 87'36'50 E 54.83 DETAIL C ....... 9� JJ• 7 N 73'28 a3 c 254.83 R10AD I 1 A l 1 $ 14 SCALE i-=500' '- i4; 700' VIDE ELECTRICAL 1 \ 1 A N 37'36'44• E 2a 7.515 d 1 .1 .TRANSMISSION LING I ` .7 400.00 AC. Irl l 'F. t+ _ 10 N 21'70'19 E 711.55 r' 1� ` y EASEMENT, i E- �� 4` + 13 71 N 36'34'25- w T 291.23 BOOK 322 O.R. PAGE 145 h 6 I ' i W y7 �� `1 �cMP 0` 12 74 N 32'7 t't5 E 905 A6' 80- NIDE ELECTRICAL hS� y1� 11°x" PARCEL LINE DATA -� 16 N 65.38'43 E 2i: �J I O TOTAL CC . .� Va ? 17 N 65'38 43'E _= ,. y TRANSMISSlOtj UNE\ EASEMENT, O?• UNE DATA (R-i) I ' \ /.� \`` .^J pv _ 1 r? L D UNE DIRECTION OISTANCE ! BOUNDARY CURVE DATA BOOK 1770 O.R. PAGE\537 �� '•+ - �'� / `` _ - A 5 70'47 45- E 769.62 \ N 370.21'R-3 _o+n I- j D 5 14-1728 w 929.06 CURVE DATA (R-t) ( ) ` 600, X11`` 9 I I CURVE RADIUS LEN^•TH DELTA I - N 13"37'32' 'N -k F 00' F S 73.37'32" E 870.15 fR-1 yy 1 2 3530.'00' 340.76' 05'31'51' v"t ) TOTAL rt 1, O O Q o I I 4 1280.00'T 259.80' 11'37'26" .'I7��30.00' f t� r I \ VE PARCEL CURVE DATA s 970.00 1 320.70 I 18'54'27'I 2 31 s. +(R_1) \ Z t Q '� CURVE RADIUS LENGTH DELTA i' 9 1170.00'! 335.71' 16'26'24- ' �30.00' (R-1) i('' I 30.00' + 570.00 456.80 45.5502' 12 570.00'. 188.49' 18'56'49' - 1 C 570.00' 389.68 3910'11' 13 570.00'I ;76.81' 1746'22 EXISTING PARCEL \ / `v. O1 A ` 2 F' E 630.00 306.96 27'54 59 R-1 15 630.00' 367.89' 33'27'29- •17 NUMBER. TYP. a \\ ``B``` �S. ZO ` II I ( ) NOT A\.T \ 1 ` ,-�� '-30.00' ' A L (R ') = 26999' = 00'29'13' `r •4'v. D �` `SS / R = 3530.00' (R-1) 9TH, .T•7 ' `:. o. (25'3 SEE DETAIL B G= 00'39'42- �� . = 30.00' N 5325'35" E 1 '\=of R = 3530.00' (R-1) DETAIL D _" n 1320.81' t0 L = 40.77' FD.MO BRASS CAP •+ MON. STAMPED / E `Di I ¢ I.�RCE 12436 (R-1) ;t �O NO SCALE qy SEE DETAIL C`: \ ,p. _15 1 14 --- _ 15 1 14 7i6 N 22'20'13- E 9 F 22.... 23 737.57' (R-t) 9 , .. _ . 9 22.� 8 33 TO ry �� = 06'76'49' --_ /� /� NOT A PART • `` ....:•:: 1. B 32 (R-t) R.= 1800.00'(R-1) PA R CEL IOII /"�'� P a PARCEL 2 -........ ..' NEAL •'I --... SEE DETAIL A M� ,. = 207.77' A DIV610M OF REFERENCE TIE w 3/4- LP. t _�' s 7 1 e- . PARCEL 2 ^. - 1 5 N 10'46'10 w � I PARCEL 3 OF PARCEL MAP B RCE 14203 (R-1) 2 3 I N 64'37'35' E 240.81' (R-1) 30.00' `� � p 4 N 29'OC'40- E FE(�ED W BOOK 132 OF MAPS SEE DETAIL O 189.30' (R-1) / .h- 454.28' (R-1) TOTAL y N 54.05'30" E q F�6 93 THRJ 97 , 743.98' (R-I) � � N 27.10'19- E `V�ry I SERIAL Na 94-8678 E 69.00' (R-1) 2� I BUTTE COUNTY CALIFORNIA PARCEL PARCEL 1 Jam' 122'26' R = 020.00' -1). N .5.4 41" W ` i95 DDS. 4 COUNTY FOR �`. �` Mi R - 820.00' R 1.54' (R-1) 795 DDS. 4a (R-1) 58.99 AC. 67.04 ' L = 106.72' n= 0220'56 �_e= 07.50'20 NAiVL:E CANYON PARTNERS, L.P. N 21.20'17 1W R = 1830.00'(R-1) ".o..•a�v o...t-, o'.o -X&cwron.,T• 901-. 19.00' (R-It 1� D= 35'51'59' Ft R = 1800.00'(R-1) �sENo+E(310)4.1-199) R = 850.00' (R-I-) a L = 75.02' L = 246.27' gy L = 532.09' 7 30.00' DEEDED TO COUNTY 10 iQ �O ROILS.Rnderson 6 ROILS = 04.49'04_ l4 CIVIL ENGINEERS f 1918 O.R. 519 (R-7) 2 PL R v A2D.DD' (R-1 I 9�:Fla 5•nEEt•G.:O.LkIFpi11T•95928 DETAIL A NE -30.00' L = 68.95' ) DETAIL B FnNWE l9,e,s9s-..99 . NO SCALE NO SCALE AUGUST 1994 94094 SHEET 3 OF J