Boundary County Planning and Zoning Commission

Minutes

August 23, 2012

Present: Matt Cossalman, John Cranor, Ron Self, Bruce Behrman, Marciavee Cossette, Steve Shelman, John Moss, Mike Weland.

Matt Cossalman opened the meeting at 5:30 pm. Cossalman read the agenda for the evening, and introduced commission members.

Cossalman began the election of officers; he explained this was due to the resignation of Dan Studer, who has taken over the Zoning Administrator position. Mike Weland nominated as Chairman, Matt Cossalman. Second by Ron Self. There were no more nominations for Chairman; the vote was unanimous.

Cossalman opened nominations for Vice-Chairman; Steve Shelman nominated John Cranor, Mike Weland second the nomination. There were no more nominations from the members; the vote for John Cranor was unanimous.

Cossalman brought up approval of July minutes – asking members if there were any changes or corrections. Ron Self motion to approve the minutes, John Cranor seconded the motion. The vote was unanimous in favor of approval.

Cossalman brought up approval of June minutes – asking members if there were any changes or corrections. John Cranor motion to approve the minutes, Ron Self seconded the motion. The vote was unanimous in favor of approval.

(The next item on the agenda was Tungsten Holdings, Inc. Application for Conditional Use Permit – 11-063. A transcript is attached.)

At 5:37 Cossalman reopened the public hearing on 11-063 Conditional Use Permit for Tungsten Holdings, Inc. gravel pit a mile and a half south of Porthill off the Farm to Market Road.

Cossalman reopened the meeting for public comment. Testimony was given by Rick Dinning, the applicant, and those opposed to the use, Jay Epstein, Bryan Ferguson, Paul Vogel. Mr. Vogel read into the record letters from the Gardiners, and Uhlman, which were in response to the Tungsten response to questions from the Commission asked last February.

The result of the reopening of the hearing, the added public testimony, the written material added to the record, all heard and deliberated by the Commission members was a motion to approve the Conditional Use Application with conditions. All stipulations written in the application apply as conditions, and:

(1) All operations shall follow “Best Management Practices for Mining in Idaho” published by the Idaho Department of Lands, November 16, 1992 or as updated.

(2) Dust abatement measures shall be applied to minimize dust and shall meet Idaho State and Mine Safety and Health Administration (MSHA) standards.

(3) Blasting and crushing shall occur only during regular business hours, Monday through Friday between the hours of 8:00 am and 5:00 pm.

(4) Blasting shall meet OSHA requirements established at 29 CFR, Sub-part U. A copy of the document from the Federal Register, 48 FR 44777 (9/83) Section 816.67 “Use of Explosives: Control of adverse effects”, shall be provided to all blasters.

(5) Property owners within 500 feet of the boundaries of parcel RP65N01W200150A shall be notified, in writing, at least fifteen (15) days prior to blasting, specifying the date, time and length of time the blasting is expected to occur.

(6) Prior to establishing the permitted surface mining operation, the applicant shall comply with all requirements established by the Idaho Department of Lands, to include filing a reclamation plan and posting the required bond. A copy of those documents shall be provided the Boundary County Planning and Zoning office prior to the onset of operations.

(7) The Planning and Zoning office shall be notified in writing when the reclamation bond is redeemed or in the event the bond is forfeited. The conditional use shall lapse upon bond redemption or forfeiture, and no further mining operations may take place without issuance of a new conditional use permit.

(8) Any person employed to conduct blasting operations shall be qualified, licensed and insured.

(9) Any person employed to conduct blasting operations shall be notified prior to blasting of concerns expressed during the hearing process over the potential for damage to area water systems, including Trow Creek Water Association, and the possibility of de-watering the aquifer. Blasters shall also be given copies of the Report by Uhlman, and the Report by Monks, which were submitted in writing, as part of the record of this hearing.

(10) The applicant will acquire a Certificate of Compliance documenting the effective date of establishment for the non-conforming tract RP65N01W2000150A, thus identifying the tract as a Parcel of Record.

Next on the agenda following the Tungsten hearing, Cossalman lead the questioning of Don Jordan, applicant for the vacant Planning and Zoning Commission position.

Jordan answered questions that had been asked of other earlier applicants. Don showed a concern for long range planning, the need for protections of our agricultural resources, and the need as a member to be open minded.

Jordan has a lot of experience dealing with permits, as his job has him developing land in California and elsewhere. Don expressed the need for regulations in order to deal with those who are unethical. The local governments should do what they can to steer development in areas they want developed and away from areas that should be protected, i.e. agriculture. A 160-acre parcel equals 16 houses; he’d prefer seeing 16 houses on 16 acres in many cases.

Cossalman thanked Jordan for his responding to questions.

Cossalman opened deliberations regarding recommending one of the applicants, James Robinson, Caleb Davis, Gordon Newell, or Don Jordon to the County Commissioners for a position on the Planning and Zoning Commission. Studer reviewed the ordinance process for filling a vacancy. The members discussed each applicant. Motion made by Self to recommend to the Commissioners Caleb Davis, second by Cranor. The members voted all in favor of the motion.

Cossalman closed the meeting at 9:45.

Dan Studer

Recorder

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Chairman Date