January 13, 2016

Commissioner King

motioned to approve the minutes. Seconded by Commissioner Hafen.

Commissioner Koenig

stated for the record Commissioner Oscarson is absent.

Commissioner Hafen

asked for clarification on conditions #2, it makes reference to the RIBs, the waste water treatment plan #3 and the effluent receiving ponds. The application is just for the RIBs, correct.

Mr. Osborne

stated correct, but for condition #2 they want to include them all on one Site Development plan.

Commissioner Hafen

stated the Waste Water Treatment Plan is located on a separate APN that is not part of the application.

Commissioner Hafen

stated condition #5 stated it wants to incorporate the whole golf course and sewer plant area, which are multiple APNs and not included in the application. This application is specific and limited to the RIBs and he doesn’t want to extend the CUP to the additional APNs. Condition #8 requests a Map of Reversion for any proposed improvements, does that refer to the ponds.

Mr. Osborne

stated correct, there is a parcel line that goes through one of the effluent ponds. They would like it moved or removed completely to combine the two parcels.

Commissioner Hafen

would like clarification when they get to the motion. Also on #10 is requests for submittal of soil samples. In the back up there is a submittal of borings and compaction testing. Is this something in addition to that.

Mr. Lacy

stated it was a request from Public Works.

Mr. Dahl

stated to his knowledge there hasn’t been any samples submitted to Public Works for any of the projects. He believes in the FAM on the remediation of the ponds there was a condition to provide soil samples that are normally submitted to NDEP.

Commissioner Hafen

stated under #11 asked if the Tri-Party agreement would be sufficient.

Mr. Lacy

stated that would be something to discuss with the applicant.

Mr. Sutton

stated the additional conditions aren’t for approval of this particular CUP. They have met with the applicant and just want these conditions to stay on the forefront and it does state the conditions will be addressed in a future Site Development Plan for the project. Wendy Barnett, applicant stated they don’t do quarterly soil samples. All they are required to submit to NDEP is about water. They have been providing those reports to PW and Planning. They have agreed to move the boundary line. She has requested from Planning the Master Plan for the park so they can determine if the boundary line will be relocated or eliminated. They are working with Mr. Lacy to get planning a site plan for the Waste Water treatment plant that was expanded in 2005. They are requesting permission to build the RIBs they are needed for the operation of Plant #3.

Commissioner Adams

asked if the capacity of the RIBs will be able to handle the effluent of Plant # 3 and the runoff. Page 3 of 7

Ms. Barnett

stated they are currently sized for the capacity of the plant today, they also have the benefit of the 160 acres to spray irrigate and they provide up to 425 gallons per day to Lake View Golf Course for their irrigation needs under contract.

Mr. Dahl

stated that is correct, that isn’t anything that Public Works would require of a development to provide. Richard Cantino stated if there are issues with the RIBs then we should shut down all the septic tanks in the valley. That is untreated water going back into the aquifer.

Commissioner Hafen

stated there was a Geotechnical Report submitted in the back up from UICN. UICN hired Western Technologies, Inc. to conduct the test.

Commissioner Hafen

asked Mrs. Barnett if she fully understands that the item tonight is only for the parcel that contains the RIBs.

Commissioner Hafen

asked Mrs. Barnett if she understands that if they want to do anything at the waste water treatment plant #3 she would have to come back to the RPC or the BOCC for a CUP or a DA.

Mrs. Barnett

stated if she is wanting to expand or build on it, yes.

Commissioner King

asked if NDEP requires soil samples to be taken in the vicinity of the sewer treatment plant or RIBs.

Mrs. Barnett

stated typically it isn’t done through soil samples but monitoring wells, there are currently three monitoring wells on the property. Before they were permitted they had to provide do soil samples, and they aren’t required on a regular basis.

Commissioner Adams

stated on page 3 it states no adverse effects to groundwater are expected to occur as a result. He would feel better knowing what they would be doing to check for adverse effects and what mitigation and remedies would be at that point. William Coates, Operator on record for all of the Waste Water Treatment plants for UICN. He stated the treatment plant #3 currently meets or exceeds the permit requirement for discharge for the effluent. They achieve 95 – 99% removal of the constitutes that are in the discharge permit. Septic tanks typically treat 50%.

Mrs. Barnett

stated they have never had a violation from NDEP for the effluent.

Mr. Sutton

clarified the reasoning behind the additional conditions in the staff report. They are to keep them in the forefront with remediation of the property.

Commissioner Hafen

stated he has concerns with tying the additional parcels to the CUP that aren’t part of the application.

Commissioner Koenig

asked what effect it would have if they removed # 3 - 12.

Mr. Sutton

stated we are okay. Page 4 of 7

Mr. Lacy

stated this isn’t the first time we have had this process in front of the board. We gave them a waiver a year ago and some of the conditions are showing up here. There are a few outstanding issues. For the RIBs themselves there is no access without go across the other parcels.

Mrs. Barnett

stated they are in the process of developing a Masterplan for the entire 160 acres. She will have a final draft on February 16. She will get together with Mr. Lacy and Public Works before it is finalized. They are working with Planning cooperatively to correct any outstanding issues. Laura Grenier, UICN, they ask that the conditions placed on the CUP are only for the RIBs.

Commissioner Hafen

stated some of the conditions listed in 3 – 12 should remain. The map of reversion needs to stay as a condition of approval as Mrs. Barnett has agreed to that, and keeping Condition of Approval #12 stays.

Commissioner Hafen

motioned to approve CU-2015-000010 based upon findings and subject to special conditions of approval as outlined #1, #2 modified to only include the RIBS and not the waste water plant #3,#8 Map of Reversion for the property line going through the pond, and #12. Seconded by Commissioner Clark.

Mr. Osborne

reviewed his staff report and staff is recommending approval.

Commissioner Hafen

asked if we know what type of high end herbs are intended to be grown.

Mr. Osborne

stated the applicant has mentioned particular herbs.

Commissioner Adams

asked for an architectural rendering of the buildings.

Mr. Osborne

stated that isn’t required at this time, they have only submitted a site plan.

Commissioner Adams

is concerned about the harmonious use, will it look like a warehouse or blend into the neighborhood.

Commissioner King

asked if the applicant will be required to submit a site development plan, it isn’t shown as a condition.

Mr. Osborne

stated yes they will be have to submit a site development plan, per NCC it is required for a commercial development, so it wouldn’t be a condition. Gary L. Carlson – Architect/agent – the CUP application only required a site plan. They list on the overall site plan the expected first phase for the project +/- 470 feet for intersection of Turner and Homestead and approximately 800 feet down Homestead and 1,000 feet deep into the property. The 1 st phase will include 70,000 sq. ft. of pre assemble greenhouses, +/- 30,000 sq. ft. of masonry building, housing processing and offices and space for employees and another 5,200 sq. ft. utilities line that connects the masonry building with the greenhouses to service the grow process. Parking would be on site, security road around the perimeter and fence the area to begin with. Future phase is additional greenhouses and security buildings. There is no rendering of the facility yet. A fire pond is planned on the property. Page 5 of 7

Commissioner Koenig

asked if they had an estimate of how much water they will be using and will the water be reused? Peter Gnecco, COO of the corporation. He stated the water and water use in the greenhouse as well as the inside portion of the grow in the building will be reused water. They will capture the water off the air conditioners and use that also. Total to include the bathrooms as well as the processing they estimate between 12 to 15 acre feet maximum usage.

Commissioner Adams

asked what the wall and center heights will be in the greenhouse.

Mr. Gnecco

stated the wall height below gutter is 10 feet the total height is 22.5 feet and the masonry building will have a maximum height of about 14 feet. They will compacted to the 70,000 lbs for the fire use, the fire pond was decided upon because it will impact the area less than having a garden of big black tanks on the property.

Commissioner Koenig

asked if they will cover the pond.

Mr. Gnecco

stated yes they will try and they will line it with a pumping system in it also.

Commissioner Hafen

asked what the square footage of the pond will be.

Mr. Gnecco

stated that would have to be designed, they are currently showing an area but how large it will be is to be designed.

Commissioner Hafen

stated NCC states anything over 250 square feet will require a CUP, you would have to come back to the RPC.

Mr. Gnecco

stated they would be glad to do that.

Mr. Carlson

stated it will be over 250 sq. ft. He can’t come before the board until the engineering is done.

Mr. Gnecco

stated they were unaware of that.

Mr. Carlson

asked if that would be part of the site review design.

Commissioner Hafen

stated no, that is a separate CUP that would have to come to the RPC for approval.

Commissioner Hafen

stated the justification letter states you will be doing anew well. Is there not a well on the property?

Mr. Carlson

stated the well was done in 1938, it has probably been capped and probably not the size that would be adequate for the facility.

Commissioner Hafen

asked if the greenhouses will be the polycarbonate roofs.

Mr. Gnecco

stated they meet the county requirement of 90 mph they will be on top of slabs.

Commissioner Hafen

asked what the high end herbs they will be growing.

Mr. Gnecco

stated saffron and vanilla bean initially along with other high end herbs for restaurants and food supply.

Commissioner Carbone

asked if they planned on changing out their crops at any time to another plant.

Mr. Gnecco

stated they can’t guarantee that.

Commissioner Carbone

stated if it goes to another plant it may require a different permit.

Mr. Gnecco

stated it would a license for the plant and go through a whole different process. Page 6 of 7

Commissioner Hafen

asked if they have read the special conditions.

Mr. Gnecco

stated yes. They have no intention of using any pesticides or fungicides although they will use fertilizers. As far as dedication of roads, once escrow closes they will dedicate the roads to the county.

Commissioner King

motioned to approve CU-2105-000015 based on findings and subject to the special conditions of approval. Seconded by Commissioner Adams.