ENVIRONMENTAL QUALITY COUNCIL MEETING MINUTES Herschler Bldg., Hearing Rm. 1299 122 W. 25thStreet CHEYENNE, WYOMING Mav 11. 2006 Members Present: Dennis Boal, Mark Gordon, John Morris Jon Brady, Sara Flitner, Wendy Hutchinson, Rick Moore Others Present: Terri Lorenzon, Director, Environmental Quality Council; Joe Girardin, Paralegal, Environmental Quality Council; Kim McGee, Executive Assistant, Environmental Quality Council; Bridget Hill, Asst. Attorney General, John Wagner, Administrator, Water Quality Division, Department of Environmental Quality; Mike Barrash, Assistant Attorney General; John Burbridge, Assistant Attorney General; John Corra, Director, Department of Environmental Quality; Rick Chancellor, Administrator, Land Quality Division, Department of Environmental Quality Council 1. Call to Order: Chairman Gordon called the meeting to order in Hearing Room No. 1299 of the Herschler Building at 122 W. 25thStreet, Cheyenne, Wyoming. Chairman Gordon introduced the Council and staff present. 2. Approval of Minutes: Chairman Gordon asked for a motion to approve the minutes of February 15,2006. Ms. Hutchinson asked to amend Page 3, 3rdparagraph that mentions the State of Engineers office spoke in reference to Chapter 2, Appendix H Citizen Petition. The amendment was to list the representatives names from the State of Engineers office. Those participating in the presentation from the State of Engineers office were Harry LaBonde, Director of State of Engineers and John Bames, Surface Water Administrator. Ms. Flitner moved to approve the minutes with Ms. Hutchinson's amendment included. Ms. Hutchinson seconded the motion. The minutes were approved. 3. Election of Officers for 2006-2007: The Electionof the 2006-2007officerswerevotedon. Ms.Hutchinsonmovedto keepthe current slate of officers as is for the 2006-2007 year. Ms. Flitner seconded the motion. There being no discussion, Chairman Gordon called for a vote. All were in favor of approving the motion. The motion passed. The 2006-2007 Council members are as follows: Mark Gordon, Chairman; Jon Brady, Vice Chairman; Richard C. Moore, Secretary; Dennis Boal, Sara Flitner, Wendy Hutchinson, John Morris.
4. Consent Ag:enda: No company representatives were present for the Bond Forfeitures listed on the Consent Agenda. Mr. Morris asked for discussion on the bond forfeitures before decisions were made. Chairman Gordon asked Mr. Morris if he would like to remove Fiesta Mine from the consent agenda. Mr. Morris agreed. Chairman Gordon called for a motion to approve the consent agenda. Ms. Flitner moved to approve the consent agenda. Mr. Moore seconded the motion. Chairman Gordon called for a Mr. Chancellor and Mr. Burbridge presented the Fiesta Mine bond forfeiture. Chairman asked for further discussion. There being no further discussion, Ms. Hutchinson moved to approve the bond forfeiture for Fiesta Mine. Mr. Morris seconded the motion. Chairman Gordon called for a Ms. Lorenzon reminded Mr. Burbridge to prepare a brief summary on all bond forfeitures when filed with the EQC in the future. The Council recessed for a break. Council Meeting: Reconvened: Chairman Gordon decided to shift the agenda items for discussion. Chairman Gordon moved to Item 7C of the agenda. Ms. Hutchinson and Chairman Gordon recused from these permit cases and removed themselves from the Council table. 5. New Business: Appeal and Review of the Decision Regarding the Proposed Wyoming Pollutant Discharge Elimination System (WYPDES) Permit WY0052850 (Yeates Petroleum), dated November 29, 2005, EQC Docket No. 06-3801 Vice-Chairman Brady asked for DEQ and Yates Petroleum to present the Stipulation for Dismissal case. Mr. Joy, representing Yates, explained that Adami Ranch has agreed to dismiss the case and nothing affects the permit from the appeal. Mr. Joy recommends this case to be dismissed. Mr. Burbridge, representing DEQ explains that the state is not a party to this stipulation. Mr. Moore asked for the nature of settlement agreement. Mr. Joy could not respond with information. Ms. Flitner suggested to Mr. Joy that more information be given when representing the case party. Mr. Moore moved to approve the Stipulation. Ms. Flitner seconded the motion. There being no further discussion, Mr. Brady called for a vote. All were in favor of approving the motion. The motion passed. Quarter Circle Five Ranch, LLC, Permit No. WY0052515, EQC Docket No. 05-3802 Mr. Brady moved to the Quarter Circle Five case dismissal. Mr. Ruppert, representing Newpark, stated that the parties had reached a settlement in this matter. Mr. Ruppert recommended that this
case be dismissed. Mr. Burbridge explained that the agreement terms do not affect the discharge permit. Mr. Boal made a motion to approve the dismissal for Quarter Circle Five. Ms. Flitner seconded the motion. There being no further discussion, Mr. Brady called for a vote. All were in favor of approving the motion. The motion passed. Chairman Gordon and Ms. Hutchinson joined the Council at the table to resume the items remaining on the agenda. 6. Chapter 2, Appendix H, Pat Crank, Attorney General Formal Opinion #2006-001 Mr. Boal made a motion to move into Executive Session. Mr. Moore seconded the motion. Mr. Brady disapproved of going into Executive Session in reference to the Public Session Act. Ms. Hutchinson questioned Attorney/Client issues. Pat Crank, Attorney General explained to the Council that they have the ability to ask any legal questions at anytime. The Council was responsible for the minutes of the Executive Session. Disclosure of those minutes will be the decision of the Council. Chairman Gordon asked for a roll call vote. Vote passed unanimously. Council moved into Executive Session with the Attorney General. Council recessed to lunch. Council Meetine: Reconvened: Joint Motion & Stipulation for Dismissal ofwoc Appeal of Bill Barrett Permits - EQC Docket No. 04-3802 Chairman Gordon and Wendy Hutchinson were recused from this matter and excused themselves from the Council table. Vice Chairman Brady introduced the participants in the Joint Motion and Stipulation for Dismissal as John Wagner, Administrator, Water Division, DEQ; Mark Ruppert, Holland & Hart, representing Bill Barrett; Mike Barrash, Asst. Attorney General, representing the DEQ; and Steve Jones, Wyoming Outdoor Council. Mr. Boal voiced his concern regarding acceptance of this order to Mr. Jones. Mr. Jones replied that if this case was dismissed and Bill Barrett did not comply with the order, they would return to the Council. Discussion continued regarding the denial or acceptance of the order. Mr. Brady asked for discussion. There being no further discussion, Mr. Brady called for a vote. All were in favor. The motion passed. Chairman Gordon and Ms. Hutchinson joined the Council at the table to resume the items remaining on the agenda. 7. Old Business: PRBRC Citizen Petition, Water Quality Chapter 2, Appendix H - EQC Docket No. 05-310Z.Statuson PetitionandDiscussion
Chairman Gordon continued with the PRBRC Citizen Petition, Water Quality Chapter 2, Appendix H. Chairman Gordon explained that Pat Crank, Attorney General issued an opinion to the Governor which was made public on April 12, 2006. Ms. Hutchinson stated that the Council had additional legal questions for the Attorney General and that she was not interested in making a decision at that time. Mr. Boal moved to set the dismissal for the next EQC meeting. Mr. Brady seconded the motion. Chairman Gordon explained that anyone could submit a public comment until the deadline date set by the Council. Those responses will be discussed at the next scheduled EQC meeting. There being no further discussion, Chairman Gordon called for a Council recessed for a five minute break. Council Meetin2 Reconvened: Chapter 12, Rule Revision - Residential Cross Connection Control- EQC Docket No. 05-3101 Ms. Hutchinson, Hearing Examiner for this rulemaking, reconvened the hearing process for Chapter 12, Rule Revision. Ms. Hutchinson asked the Council to adopt the revised rules. Chairman Gordon asked for discussion. Mr. Boal moved to adopt the rules and regulations. Mr. Moore seconded the motion. There being no further discussion, Chairman Gordon called for a Statement of Reasons was reviewed by the hearing examiner and Council. Ms. Hutchinson made a motion to accept the Statement of Reasons. Mr. Moore seconded the motion. Chairman Gordon called for discussion. There being no further discussion, Chairman Gordon called for a 8. Motion Hearin2: Copperleaf Subdivision, Motion to Dismiss - EQC Docket No. 05-3805 Ms. Flitner, Hearing Examiner, asked for any discussion to the Petitioner's Motion to Withdraw Petition for Review. There being no further discussion, Mr. Boal moved to approve the Petitioner's Motion. Ms. Hutchinson seconded the motion. Ms. Flitner called for further discussion. Ms. Flitner called for a vote. All were in favor of approving the motion. The motion passed. Council recessed for a 10 minute break. Council Meetin2 Reconvened: Mr. Girardin reviewed the docket with the Council and the calendar of events and hearings. A list of Future Rulemakings were given to the Council by John Corra, Director, the Department of Environmental Quality, to review and discuss with the EQC. Ms. Lorenzon discussed the Council's schedule in the summer. A suggestion was made that a
site tour be scheduled as soon as possible and it could be done up through the fall. Chairman Gordon asked the Council for suggestions for the next EQC meeting. The Council discussed that their next meeting be scheduled on July 17-18,2006 in Casper. The fall meeting was tentatively scheduled for October 9-10,2006 in Pinedale, WY. The fall meeting could be extended for a site tour of the Pinedale Anti-Cline. Chairman Gordon mentioned that there was a topic of discussion regarding communication and authority representing the Council. Ms. Hutchinson asked Ms. Hill what her recommendations of the staff and Council were and how she would like to be included. Ms. Hill would like to receive any information and notification of any event or legal issue that the EQC is involved in. There being no further business to come before the Council, Chairman Gordon adjourned the meeting. ~. Mark Gordon, Chairman RESPECTFULLYSUBMUTTED, /d?~('/j1~ Richard C. Moore, P.E., Secretary Dare7-/Z-dtP