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ENVIRONMENTAL QUALITY COUNCILMeeting:Minutes

June 21.2007

Members Present: Richard Moore, Chairman; Dennis Boal, Secretary; Kirby Hedrick, MarkGifford, Dave Searle

Others Present: Terri Lorenzon, Director/Attorney, Environmental Quality Council; JoeGirardin, Paralegal, Environmental Quality Council; Kim McGee, Executive Assistant,Environmental Quality Council; Bridget Hill, Asst. Attorney General, Deb Baumer, Office ofAdministrative Hearings

1. Call to Order:

Chairman Moore called the meeting to order.

2. Case Review:

Chairman Moore turned the meeting over to Terri Lorenzon for the Case Review from 2006-2007.

Ms. Lorenzon began with an explanation of the Strategic Plan and how the State requires eachagency to develop a method of checking their progress to make sure the agency is on track.The reason for the case review is to comply with the plan that is currently in place. In this plan,it states that the Council will meet annually to review the cases from the previous year and howthose cases were completed. At that time, they would discuss if there were any concerns orsuggestions on how to move through the cases successfully.

Several cases were discussed that were filed between July, 2006 and June 2007. The cases werebroke down according to rulemaking, NPDES, Use and Attainability Analysis, small mines andthen the Town of Wheatland case.

During the discussions of rulemaking cases, Mr- Boal suggested that he would have liked one ofthe Advisory board members at the hearings to explain why they are making therecommendations. On Chapter 2, PRBRC Citizen Petition, Mr. Boal stated that this petitioncame directly to the Council and not through the Advisory Board, the DEQ or the industry. Hefelt that they were the gate keeper of this rule. He also felt that no one wanted to work on therule. The Council tried to get outside help but was unsuccessful. If there are any more filings ofcitizen petitions, he feels that the Council continues to be the gatekeeper and possibly kick itback to the Advisory Board and get a recommendation on it. Mr. Moore suggested addinglanguage to the Rules of Practice and Procedure regarding citizen petitions. Ms. Lorenzonsuggested that there be an informal work session in advance of any rulemaking hearing so thateveryone is educated and has the material. This would benefit the Council by reviewing therecord in advance and discussing the comments as they come in.

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Chairman Moore asked Dave Searle if he had any comments to the discussion. Mr. Searle statedthat he had received several comments from the public regarding the Chapter 2 RulemakingPetition. The public was unsure of what to comment on or if they were going to be able tocomment at all. He agreed with Mr. Boal with his suggestions of taking the petitions back to theAdvisory Board for further review.

COUNCIL BREAK:

Chairman Moore reconvened the meeting beginning with discussing the small mine gravel pitcases. Mr. Boal suggested talking with the DEQ and have them set up a unified permittingprocess that involves both air and land permits. This will save the Council time in movingthrough the small mine cases. Chairman Moore expressed a concern with the amount of timethat is given to move through the process for each hearing. There is not enough time for theparties to meet and discuss their frustrations and settle their differences.

Chairman Moore and Mr. Boal felt that the Town of Wheatland case was a success and felt it

was ran very well.

RECESS MEETING:

3. Adobe Town Presentation

Chairman Moore reconvened the meeting at the White Mountain Library. Chairman Mooreintroduced the Council and guests present.

Eric Molvar, from the Biodiversity Conservation Alliance, petitioner, began his presentation onthe Adobe Town Petition to Designate an Unknown Area as Very Rare and Uncommon to theCouncil. Other speakers were Craig Thompson, Citizen; Jim Magagna, Wyoming StockgrowersAssoc.; Jim MacDonald, Bureau of Land Management; Keith Burroll, Attorney, representing 4oil and gas industries. The Council asked various questions to each presenter after speaking.

Chairman Moore asked the Council for any further questions. Chairman Moore asked for amotion to accept the petition as presented. Mr. Gifford made a motion to accept the petition forconsideration. Mr. Boal seconded the motion. Chairman Moore asked for any discussion.

Mr. Boal commented that they should accept the petition and move forward. He also stated thathe has concerns for the checkerboard land and the land outside of the wilderness study area.

Mr. Hedrick also commented that they should accept the petition and move forward. There wassome good points made and he feels that some of the areas proposed need to be looked at closer.Chairman Moore asked for any further discussion. Hearing none, he asked for a roll call. Mr.Gifford voted yes, Mr. Hedrick voted yes, Mr. Boal voted yes and Chairman Moore voted yes.The motion passed with a unanimous vote.

Chairman Moore thanked everyone for attending and presenting their information.

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RECESS MEETING:

Chairman Moore reconvened the meeting at 11:00 A.M. on June 22, 2007. Chairman Mooreintroduced the Council and guests present.

3. Approval of Minutes

The minutes being approved were from meetings that were held under the old Council. TheCouncil members that have gone off the Council have approved the minutes as to form. The newCouncil members did not need to participate in the approval. Mr. Boal made a motion toapprove the minutes of November 13,2006 and February 16,2007. Chairman Moore secondedthe motion. There being no discussion, Chairman Moore called for a vote. All were in favor ofapproving the motion. The motion passed.

4. Old Business

Teletractors, Incorporated, TFN 4 2/261, Docket No. 07-4801

Council member Dave Searle and the owner of Teletractors, Inc., Mr. Biffle, participated byspeaker phone for this decision.

The Council discussed the decision in the Matter of the Objection to the Small Mine Permit ofTeletractors, Inc., TFN 4 2/261, Docket No. 07-4801. Chairman Moore asked the Council ifthere were any other questions before the motion was made. Chairman Moore asked for amotion to approve the permit as issued. Mr. Gifford made a motion to modify the permit torequire that they include notification to the county usage of the road, or that Teletractors obtain awaiver of objection to the permit from the county commissioners. Mr. Boal seconded themotion. Chairman Moore asked for discussion on the motion.

Mr. Hedrick was in favor of the motion if the Council would make it a contingent approval uponreceiving it. Chairman Moore restated the motion as being that the Council would approve thepermit contingent upon, either an objection from the County within 10 days of receiving noticeor receive a waiver of objection from the County. Chairman Moore asked for discussion on themotion. Mr. Searle explained that the focus should be to approve the permit and then followthrough with changing the procedure in the future to give the land quality some guidance tomake sure that there is formal notification to the County. He has concerns for the mine and theiroperation time limit. His vote would be to disapprove of the motion with the contingency.Chairman Moore asked for further discussion on the motion. Hearing none, Chairman Moorecalled for a vote. The motion carried with a vote 4-1. The motion passed.

5. Consent A2enda:

Chairman Moore asked the Council if there were any items that needed to be removed from theconsent agenda for discussion. Ms. Lorenzon stated that DEQ Docket No. 3973-06, In theMatter of the Notice of Violation on Rick and Jane Milonas, of Rock Springs, WY, should bediscussed separately. Chairman Moore pulled this item from the consent agenda.

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Chairman Moore asked for a motion to approve the items on the consent agenda as though eachone was considered and discussed separately. Mr. Hedrick made a motion to approve theconsent agenda. Mr. Gifford seconded the motion. Chairman Moore called for a vote on themotion. The motion was passed unanimously.

Chairman Moore recalled Docket No. 07-3279, Rick and Jane Milonas, Notice of Violation andOrder. Chairman Moore asked for a motion to approve the Order and DEQ's Order to Vacate.Mr. Gifford made the motion to approve both orders. Mr. Hedrick seconded the motion.Chairman Moore asked for discussion on the motion. Hearing none, Chairman Moore called fora vote. The motion passed unanimously.

6. Schedule Next EQC Meetine

The next scheduled EQC Meeting is scheduled for August 28-29, 2007 in Rock Springs. Thefly-over tour of Adobe Town will be August 28, 2007 and the EQC meeting will begin onAugust 29,2007.

Chairman Moore adjourned the meeting.

RESPECTFULLYSUBNUTTED

Environmental Quality Council

lYJ-- A.......-Dennis Boal, Secretary

APPROVED BY:

~~&/Z,;yRichard C. Moore, P.E., Chairman

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