ENVIRONMENTAL QUALITY COUNCILMEETING MINUTES

Herschler Bldg., Hearing Rm. 1299122 W. 25thStreet

CHEYENNE, WYOMING

Mav 11. 2006

Members Present: Dennis Boal, Mark Gordon, John Morris Jon Brady, Sara Flitner, WendyHutchinson, Rick Moore

Others Present: Terri Lorenzon, Director, Environmental Quality Council; Joe Girardin,Paralegal, Environmental Quality Council; Kim McGee, Executive Assistant, EnvironmentalQuality Council; Bridget Hill, Asst. Attorney General, John Wagner, Administrator, WaterQuality Division, Department of Environmental Quality; Mike Barrash, Assistant AttorneyGeneral; John Burbridge, Assistant Attorney General; John Corra, Director, Department ofEnvironmental Quality; Rick Chancellor, Administrator, Land Quality Division, Department ofEnvironmental Quality Council

1. Call to Order:

Chairman Gordon called the meeting to order in Hearing Room No. 1299 of the HerschlerBuilding at 122 W. 25thStreet, Cheyenne, Wyoming. Chairman Gordon introduced the Counciland 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 officespoke in reference to Chapter 2, Appendix H Citizen Petition. The amendment was to list therepresentatives names from the State of Engineers office. Those participating in the presentationfrom the State of Engineers office were Harry LaBonde, Director of State of Engineers and JohnBames, Surface Water Administrator. Ms. Flitner moved to approve the minutes with Ms.Hutchinson's amendment included. Ms. Hutchinson seconded the motion. The minutes wereapproved.

3. Election of Officers for 2006-2007:

TheElectionof the 2006-2007officerswerevotedon. Ms.Hutchinsonmovedto keepthecurrent slate of officers as is for the 2006-2007 year. Ms. Flitner seconded the motion. Therebeing no discussion, Chairman Gordon called for a vote. All were in favor of approving themotion. 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 consentagenda. Mr. Morris agreed.

Chairman Gordon called for a motion to approve the consent agenda. Ms. Flitner moved toapprove the consent agenda. Mr. Moore seconded the motion. Chairman Gordon called for avote. All were in favor of approving the motion. The motion passed.

Mr. Chancellor and Mr. Burbridge presented the Fiesta Mine bond forfeiture. Chairman askedfor further discussion. There being no further discussion, Ms. Hutchinson moved to approve thebond forfeiture for Fiesta Mine. Mr. Morris seconded the motion. Chairman Gordon called for avote. All were in favor of approving the motion. The motion passed.

Ms. Lorenzon reminded Mr. Burbridge to prepare a brief summary on all bond forfeitures whenfiled 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 toItem 7C of the agenda. Ms. Hutchinson and Chairman Gordon recused from these permit casesand removed themselves from the Council table.

5. New Business:

Appeal and Review of the Decision Regarding the Proposed Wyoming Pollutant DischargeElimination System (WYPDES) Permit WY0052850 (Yeates Petroleum), dated November29, 2005, EQC Docket No. 06-3801

Vice-Chairman Brady asked for DEQ and Yates Petroleum to present the Stipulation forDismissal case. Mr. Joy, representing Yates, explained that Adami Ranch has agreed to dismissthe case and nothing affects the permit from the appeal. Mr. Joy recommends this case to bedismissed. Mr. Burbridge, representing DEQ explains that the state is not a party to thisstipulation. Mr. Moore asked for the nature of settlement agreement. Mr. Joy could not respondwith information. Ms. Flitner suggested to Mr. Joy that more information be given whenrepresenting the case party. Mr. Moore moved to approve the Stipulation. Ms. Flitnerseconded the motion. There being no further discussion, Mr. Brady called for a vote. All werein 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 dischargepermit. Mr. Boal made a motion to approve the dismissal for Quarter Circle Five. Ms. Flitnerseconded the motion. There being no further discussion, Mr. Brady called for a vote. All werein favor of approving the motion. The motion passed.

Chairman Gordon and Ms. Hutchinson joined the Council at the table to resume the itemsremaining 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 theCouncil that they have the ability to ask any legal questions at anytime. The Council wasresponsible for the minutes of the Executive Session. Disclosure of those minutes will be thedecision 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 - EQCDocket No. 04-3802

Chairman Gordon and Wendy Hutchinson were recused from this matter and excused themselvesfrom the Council table.

Vice Chairman Brady introduced the participants in the Joint Motion and Stipulation forDismissal 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 repliedthat if this case was dismissed and Bill Barrett did not comply with the order, they would returnto the Council. Discussion continued regarding the denial or acceptance of the order. Mr. Bradyasked for discussion. There being no further discussion, Mr. Brady called for a vote. All were infavor. The motion passed.

Chairman Gordon and Ms. Hutchinson joined the Council at the table to resume the itemsremaining 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 tothe Governor which was made public on April 12, 2006. Ms. Hutchinson stated that the Councilhad additional legal questions for the Attorney General and that she was not interested in makinga 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 publiccomment until the deadline date set by the Council. Those responses will be discussed at thenext scheduled EQC meeting. There being no further discussion, Chairman Gordon called for avote. All were in favor of approving the motion. The motion passed.

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 forChapter 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 avote. All were in favor of approving the motion. The motion passed.

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 themotion. Chairman Gordon called for discussion. There being no further discussion, ChairmanGordon called for a vote. All were in favor of approving the motion. The motion passed.

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 WithdrawPetition for Review. There being no further discussion, Mr. Boal moved to approve thePetitioner's Motion. Ms. Hutchinson seconded the motion. Ms. Flitner called for furtherdiscussion. Ms. Flitner called for a vote. All were in favor of approving the motion. Themotion 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. Alist of Future Rulemakings were given to the Council by John Corra, Director, the Department ofEnvironmental 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 Councildiscussed that their next meeting be scheduled on July 17-18,2006 in Casper. The fall meetingwas tentatively scheduled for October 9-10,2006 in Pinedale, WY. The fall meeting could beextended for a site tour of the Pinedale Anti-Cline.

Chairman Gordon mentioned that there was a topic of discussion regarding communication andauthority representing the Council. Ms. Hutchinson asked Ms. Hill what her recommendationsof the staff and Council were and how she would like to be included. Ms. Hill would like toreceive 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 themeeting.

RESPECTFULLYSUBMUTTED,

/d?~('/J1~Richard C. Moore, P.E., Secretary

~.Mark Gordon, Chairman

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