January 30, 2015

Commissioner King

stated he had discussions with UICN on the issue. He doesn’t understand their resistance on the CUP that is said to be needed. UICN has neither sought or applied for this waiver, the Planning Department is doing this because UICN isn’t following the rules that everyone else is required to do.

Mr. Sutton

stated the CUP requirement would have come in for the expansion of one of the effluent ponds. There had been a legal dispute as to whether the existing pond is considered a Page 2 of 6 permissive use or a grandfathered use. UICNs position is that it is a permissive use under that use, a body of water isn’t defined. The Counties position is that it doesn’t fall into the body of water definition and there for is a grandfathered use, therefore an expansion of a grandfathered use requires a CUP. The county applied for the waiver to continue to allow UICN to continue to maintain their position, if they applied to it they would concede that they would need a CUP. UICN isn’t admitting that they need a CUP and the County isn’t backing down from the requirement that they need a CUP. The County applied for the waiver so the pond remediation, which needs to be done, can move forward.

Mr. Lacy

stated by adding conditions to the waiver we are protecting the health and safety of the community.

Commissioner King

stated they could have just applied for the CUP and the remediation could have started months ago. Wendy Barnett, UICN stated they have done everything according to Nye County Code, with the exception of the CUP. The DA’s office came up with the idea of the waiver so we can all work together and get the issues fixed. They hope to move forward with the Development Agreement for the remainder of the property.

Commissioner Hafen

asked Ms. Barnett if they do indeed want this waiver, and have they read and agree to the special conditions of approval.

Ms. Barnett

stated yes they do. Laura Granier, stated there will be no work done at plant three that is owned by UICN, work to be completed if this waiver is granted is all to be done on the golf course property that will be Discovery Park that is owned by UICN Real Estate Holdings.

Commissioner Koenig

asked if they would be okay with a condition that construction is to be started within 6 months.

Ms. Barnett

stated they would like to start as soon as they could. As soon as they get their permits they would like to start.

Commissioner Koenig

stated they will add that as a condition.

Commissioner King

would like a condition added that UICN initiates and pays for a Waiver.

Mr. Sutton

stated an application has been filed with the county and Ms. Barnett has stated on the record that they are in agreement with that. If they would apply we would have to notice another meeting.

Commissioner Koenig

stated it will stay contained within the golf course property. Francis McCloskey is concerned that the water is highly contaminated. He took a sample of the water and sent it in for sampling. Page 3 of 6

Ms. Barnett

stated the last time the ponds were sampled the largest concern was the fecal coliforming units. Which are an indicator of bacteria and they were within range. If there is ever a concern with the quality of the water the County will be copied on all sampling that is done under the Discharge Permit. In the past the ponds were contaminated, if we leave them unmaintained they can become contaminated again.

Ms. Barnett

shows a map of the golf course. She stated Sewer plant #3 will have no work done at this time. She showed the location where the proposed changes to the receiving ponds are. The current receiving pond will be enlarged and partitioned. This allows them to remediate a section of the pond that needs the remediation and to take one portion off at a time for maintenance. Two ponds to the North will be abandoned and at a later time they will be back proposing rapid infiltration basins in those locations. The other ponds are decorative and NDEP has requested they place decorative fencing around those. The ponds with the pump houses will have security fences installed around them.

Mr. Lacy

stated Commissioner Carbone would like to know if UICN would be willing to commit to a time frame when they would apply for a CUP or DA.

Ms. Barnett

stated they are waiting on PUC to make a determination on their docket for RIBs.

Mr. Lacy

asked if they would commit to a certain number of months upon completion of the docket. Ms, Barnett stated that within 6 months of approval of the PUC they will start construction of the RIBs.

Ms. Lacy

stated that there will be a CUP or Development agreement required for that and you will have to apply for one of those within 6 months.

Ms. Barnett

stated they would like to stay along the lines of the Development Agreement.

Commissioner Hafen

asked for clarification of the condition. The condition is that construction of the Rapid infiltration basins will start within 6 months of PUCN approval with the knowledge that a DA or CUP is required.

Ms. Barnett

stated they would start within three months of getting all approvals that they need. Acknowledging they would need DA or CUP, Grading permit, Site Development, and probably Surface Disturbance Permit from NDEP.

Commissioner Koenig

stated the condition should be that they apply for a DA or CUP within 6 months after the docket is approved by the PUC.

Ms. Barnett

stated that is fine.

Commissioner Clark

asked what a rapid infiltration pond is.

Ms. Barnett

stated it is a recharge basin, the water goes in and goes through filtration back into the ground water.

Commissioner Clark

asked if there is a way to turn off the aeration jets during times of high winds. Page 4 of 6

Ms. Barnett

stated not at this time, but the RIBs would give them a way to do that.

Commissioner Adams

asked if the water spraying is treated effluent that is being put out as irrigation.

Ms. Barnett

stated all the treatment of the effluent happens at the waste water treatment plan. Nothing right now is happening at the 160 acre former golf course property.

Commissioner Adams

asked if the water spraying has any health hazards.

Ms. Barnett

stated when they took ownership they sampled the water and there was no health hazard at the time.

Commissioner Hafen

asked if there was an application that was filled out and applied for since no DA has come before the RPC.

Commissioner Hafen

motions to approve WV-2015-000003 based on findings and subject to conditions and adding special condition #4 that they start remediation of the ponds within 6 months and special condition #5 that they apply for a CUP or DA within 6 months of a PUCN order on the RIBS as described by UICN. Seconded by Clark seconds.

Mr. Sutton

stated the appeal was initiated by a decision issued by Planning. Withdrawing the appeal leaves the decision letter to stand on its own. It would then trigger the appellant rights. Planning is okay with withdrawing the letter, as is UICN agreeing to withdraw the appeal.

Commissioner Koenig

stated the waiver is withdrawn by mutual consent.

Commissioner Koenig

stated this application is withdrawn by the Planning Department.