NOTICE: Carbon County Development Permit On-line Application and Process Guide  

SB 442 Override Letter - April 6

March 31, 2022

March 31, 2022
Commissioners Scott Miller, Scott Blain, and Bill Bullock; and Administrative Officer Angela Newell were present.
8:30 Pledge of Allegiance.
8:55 Julie Holzer joined the meeting.
9:00 Blain moved to approve the Memorandum of Agreement with the City of Red Lodge and Town of Bridger to Amend the Interlocal Agreement for the Joint Airport Board Exhibit B: Red Lodge Hanger Lease; Miller seconded; motion carried.

Commissioners discussed the formation of a Montana Association of Counties committee for natural resource counties.

9:15 Steve Roi joined the meeting.

Blain moved to approve Commissioners Proceedings for March 3 and March 8; Bullock seconded; motion carried.

9:30 Commissioners Participated in the Conference Call for the Natural Resources Counties Committee.

9:50 Andrew Amerin joined the meeting.

10:00 County Attorney Alex Nixon called in for his regular meeting. Commissioners asked if he had any different information regarding interim appointments for vacant elected positions; he does not. There were no other items discussed.

Commissioners continued their participation in the Natural Resources Counties Committee meeting.

10:30 Forrest Mandeville joined the meeting regarding the Baldwin / Lynch Energy Conditional Use Permit. Clerk and Recorder Christine Stovall, Roi, Andrew Amerin, Karen Walmsley, and Julie Holzer were present. Mandeville reviewed the Planning Board’s recommendation to the Commissioners (attached). 10:35 David Lehnherr joined the meeting. Mandeville continued his review. Planning Board recommended approval subject to the following conditions:
1. Ingress and egress is limited to Hollenbeck Draw Road as shown on the site plan and application materials.
2. The site shall be fenced appropriately to discourage unauthorized access. A no trespassing sign shall be posted at the entrance to the well site and the telephone number of the owner/operator provided to call in case of emergency.
3. Any significant changes to the Conditional Use Permit or supplemental materials, as determined by the Carbon County Planning Staff or Carbon County Board of County Commissioners, shall require submittal of a new/amended Conditional Use Permit Application, and public notice and review requirements as per the Carbon County Development Permit Regulations.
4. The representations and obligations presented in the Conditional Use Permit applications and attachments submitted as part of the application shall be binding conditions upon the construction and operation of the facility(s).
5. The applicant/owner shall obtain all required Local, State and Federal agency permits as applicable to this project prior to the commencement of any activities or construction of the project.

Point of clarification that the Public hearing was held March 15, 2022 (not 2021).

Miller Having reviewed and considered the application materials, project memorandum, public comment, Zoning Commission recommendation, and all of the information presented, moved to approve of the Baldwin Lynch conditional use permit with the findings and conditions included in the project memorandum; Blain seconded. Discussion about where water will be sourced; Mandeville noted there are some ditches close by that the owner has approach about purchasing water. Miller asked about the mining fluid pit and what all will be contained in the pit; Mandeville believes this will contain all fluid including some oil byproducts. Discussion about road maintenance agreement; Mandeville noted the majority of the access is covered by the Agreement with Sunlight Ranch or on State lands where it is assumed the State will maintain their own roads. Miller asked about accident prevention/response noting the limited cell service in the area and distance from an ambulance response. Bullock asked about pit and if there are construction requirements for a liner to protect the affluent from seeping out of the pit; Mandeville noted those requirements are all administered by the State. No more comment from the Board. Julie Holzer asked about fire response with the well being on dry grass land. Bullock/Mandeville noted the site is in the Belfry Fire District and would likely also involve a DNRC response because of the state lands involved. Holzer asked if Baldwin Lynch could be financially responsible for fire costs; this would be a determination for the County Attorney.

Holzer also asked about pit that may contain fluid and cuttings; is there a lining requirement and if remediation includes excavation and removal of items. Holzer is concerned the well could be abandoned and no remediation will be done. Mandeville is not sure what, if any, construction specifications are required by the state for the pit, County regulations do not address that. No further public comment. Motion carried.

11:00 Bullock moved to accept the Planning Services Agreement with Forrest Mandeville Consulting; Miller seconded; discussion about how pleased commissioners are with the relationship and thanked Mandeville for this professionalism and expertise. Motion carried.

11:30 Commissioners and Mandeville participated in Code enforcement software demonstration from Black Mountain Software.

12:30 Commissioners participated in a conference call with Takami Clark of Big Sky Public Relations and Ivan Ulberg of Sanderson Stewart regarding US Highway 212 – Roberts to Boyd project.


Respectfully submitted: Angela Newell, Administrative Officer