Commissioner's Minutes 06-05-06

COMMISSIONERS MINUTES JUNE 5, 2006

The Elmore County Commissioners met in regular session on the above date in the basement of the Elmore County Courthouse, 150 South 4^th East, Mountain Home, Idaho.

Present at the meeting was Chairperson Mary Egusquiza and Commissioners Larry Rose and Connie Cruser. Also present was Clerk Gail Best and Chief Deputy Clerk Merrilee Hiler.

Motion by Egusquiza, second by Rose, to approve the minutes of May 22, 2006 and May 30, 2006 with one change each.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

A refund of tax for Citicorp Vendor Finance, Inc. was discussed. The property that was assessed is leased personal property and is located at the Glenns Ferry Health Center. The code governing exempt property was reviewed by the Board with Assessor Jo Gridley. The Board also reviewed the application for exemption for Desert Sage Health Center which is also owned by the entity, and noted that land, improvements and personal property are covered by the application - however, leased personal property is not specifically mentioned. There was further discussion. Motion by Egusquiza, second by Cruser, to deny the refund of 2005 personal property tax for Citicorp Vendor Finance, Inc. in the amount of $273.96.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

The Board reviewed the final draft of an ordinance defining and establishing confined animal feeding operations (CAFOs). Motion by Rose, second by Egusquiza to approve the draft ordinance and publish as set out in Idaho Code.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

ORDINANCE NO. 2006-2

AN ORDINANCE DEFINING AND ESTABLISHING CONFINED ANIMAL FEEDING OPERATIONS (CAFOs): PROVIDING FOR TITLE, INTERPRETATION AND ENACTMENT; FOR DEFINITIONS, FOR REGISTERING EXISTING CONFINED ANIMAL FEEDING OPERATIONS, FOR ZONES IN WHICH CAFO’S ARE ALLOWED, FOR SETBACKS, FOR CAFO SITING PERMITS, FEES AND THE CONTENTS OF APPLICATIONS THEREFORE; PROVIDING FOR NOTICE AND HEARING ON CAFO PERMITS; SETTING FORTH THE CRITERIA FOR SUCH PERMITS; PROVIDING FOR UTILIZATION OF THE STATE OF IDAHO CAFO ADVISORY SITING TEAM; PROVIDING FOR THE GRANT OR DENIAL OF CAFO SITING PERMITS, FOR AMENDING THOSE PERMITS AND GRANTING VARIANCES TO SETBACKS, FOR CAFO OPERATION PERMITS; PROVIDING FOR GRANT OR DENIAL OF OPERATION PERMITS, FOR APPEALS, FOR ENFORCEMENT; AND FOR AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO, AS FOLLOWS:

TABLE OF CONTENTS

INTRODUCTION AND PURPOSE

I. TITLE, INTERPRETATION, AND ENACTMENT

II. DEFINITIONS

III. REGISTRATION PROCESS FOR EXISTING CAFO FACILITIES:

IV. CAFO SITING PERMIT REQUIRED

V. CONTENTS OF APPLICATION FOR CAFO SITING PERMIT

VI. PROCESS OF NOTICE AND APPLICATION HEARING FOR CAFO SITING PERMIT APPROVAL

VII. CRITERIA FOR APPROVAL FOR NEW CAFOs

VIII. CRITERIA FOR APPROVAL OF EXPANDING CAFOs

IX. VARIANCE PROCESS

X. GRANT OR DENIAL OF CAFO SITING PERMIT

XI. CAFO OPERATION PERMIT REQUIRED

XII. PROCESS FOR RECEIPT OF CAFO OPERATION PERMIT

XIII. APPEALS

XIV. ENFORCEMENT

INTRODUCTION AND PURPOSE

Economic development, including placement and expansion of new and existing dairies and feedlots, is an essential part of the economic future of Elmore County. However, the Board of County Commissioners recognizes that such operations may have negative impacts on the quiet use, enjoyment and economic value of neighboring property and adverse environmental consequences. To minimize those impacts and consequences and allow for economic development, appropriate zoning controls consistent with the Local Land Use Planning Act and the Idaho Right to Farm Act are necessary.

The purpose of this ordinance is to establish an orderly procedure to regulate the placement and construction of Confined Animal Feeding Operations within Elmore County. Elmore County does not have the resources or authority to enforce state or federal environmental laws. However, it is the intent of the Board of County Commissioners to require all CAFOs operating in Elmore County to obtain and be in compliance with all applicable federal and state environmental standards, to be sited within agriculture zones and clearly meet their policies, rules, laws and certain development standards. The Board also feels that it is appropriate to take advantage of all resources and assistance available from other government agencies in making CAFO Permit decisions.

I. TITLE, INTERPRETATION, AND ENACTMENT

A. This Ordinance shall be known as Chapter 3 of the Elmore County Zoning and Development Ordinance--CAFO Standards, and is adopted pursuant to authority granted by Title 67, Chapter 65 of the Idaho Code, and Article 12, Section 2 of the Idaho Constitution, as amended or subsequently codified.

B. Should any section or provision of this Ordinance be declared by the Courts to be unconstitutional or invalid, such a decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

C. All ordinances or parts of ordinances in conflict with this Ordinance or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. However, Chapter 1, Article XIII-1 of the Elmore County Zoning and Development Ordinance regulating livestock confinement operations shall remain in full force and effect for any livestock confinement operation that is not regulated by this Ordinance. This Ordinance shall become effective from and after the date of its approval and adoption.

D. The Board of County Commissioners of Elmore County specifically finds that this ordinance conforms with and is in compliance with the Elmore County Comprehensive Plan that encourages agricultural development in appropriate areas.

II. DEFINITIONS:

ADMINISTRATOR: The official or that official’s designee appointed by the Board to administer the Elmore County Zoning and Development Ordinance.

AFFECTED PERSON: A person or legal entity having an interest in real property that may be affected by the issuance or denial of a permit.

ANIMAL WASTE: Animal excrement, feed wastes, Process Wastewater, or any other waste associated with the confinement of animals.

ANIMAL WASTE MANAGEMENT SYSTEM: Any structure or system that provides for the collection, treatment, and storage of Animal Waste.

APPLICANT: Any person initiating an application for any action or provision authorized under this Ordinance.

APPLICATION: The document and accompanying information required of a person seeking a CAFO Siting Permit.

BEST MANAGEMENT PRACTICES: Practices as defined in Title 22, Chapter 49, Idaho Code or other practices, techniques, or measures that are determined to be a cost-effective and practicable means of preventing or reducing pollutants from point or non-point sources to a level compatible with state environmental goals.

BOARD: The Board of County Commissioners.

BUILDING INSPECTOR: An official of the County, appointed by the Board to inspect and certify compliance with building ordinances adopted by Elmore County.

CAFO: also referred to as “concentrated animal feeding operation” or “confined animal feeding operation,” means a lot or facility where the following conditions are met:

(a) Animals have been, are, or will be stabled or confined and fed or maintained for a total of ninety (90) consecutive days in any twelve-month period;

(b) Crops, vegetation, forage growth or post harvest residues are not sustained in the normal growing season over any portion of the lot or facility; and

(c) The lot or facility is designed to confine or actually does confine as many as or more than the numbers of animals specified in any of the following categories; Large CAFO: 700 mature dairy cows, whether milked or dry; 1,000 veal calves; 1,000 beef cattle or heifers; 2,500 swine each weighing 55 pounds or more; 10,000 swine each weighing less than 55 pounds; 500 horses; 10,000 sheep or lambs, 55,000 turkeys, 30,000 ducks (other than liquid manure handling systems), 5,000 ducks (liquid manure handling systems), 30,000 chickens (liquid manure handling systems), 125,000 chickens except laying hens (other than liquid manure handling systems), 82,000 laying hens (other than liquid manure handling systems); Medium CAFO: (At the time of the adoption of this Ordinance) 200 mature dairy cows, whether milked or dry, 300 veal calves, 300 beef cattle or heifers, 750 swine (each 55 lbs or more), 3,000 sheep or lambs, 3,000 swine (each under 55 lbs), 16,500 turkeys, 10,000 ducks (other than liquid manure handling systems), 1,500 ducks (liquid manure handling systems), 9,000 chickens (liquid manure handling systems), 37,500 chickens except laying hens (other than liquid manure handling systems), 25,000 laying hens (other than liquid manure handling systems). Two (2) or more concentrated feeding operations under common ownership are considered, for the purposes of this definition, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

CAFO FACILITY AREA: A contiguous area or parcel of land or the use of a contiguous area or parcel of land, upon which are confined or fed livestock, fish or birds in enclosures or ponds and which does not sustain crops, vegetation, forage growth in the normal growing season or post-harvest residues.

Land application sites are not considered to be part of the CAFO Facility Area. Areas or parcels of land are deemed contiguous when separated by county roads. Areas or parcels of land also are deemed contiguous if they are not adjacent, but are owned or operated by a CAFO operator and a pipeline exists which is capable of conveying Process Wastewater to the non-adjacent land. CAFO Facility Area only pertains to the area containing CAFO Improvements.

CAFO IMPROVEMENTS: Improvements to the CAFO real property including but not limited to, buildings, barns, feed stalls, feeding yards, corrals, feed containment structures or areas, the waste management system, and truck or motor vehicle parking areas. CAFO improvements do not include land application sites, or the piping or method of conveyance used to convey process wastewater to the land application area.

CAFO OPERATION PERMIT: Permit required to occupy a new CAFO facility area or the added portion of an expanded CAFO.

CAFO SITING PERMIT: The Conditional Use Permit required for a person to operate a New or Expanding Facility.

CAFO SITE ADVISORY TEAM: Team authorized by Idaho Code § § 67-6529C and 67-6529G consisting of representatives of Idaho state agencies that review a site and information regarding a proposed CAFO and issues an opinion regarding environmental risks and that site’s suitability for a CAFO. This team shall include a designee of Elmore County.

CLOSURE PLAN: A plan describing the procedures for final closure of a facility that ensures no adverse impacts to the environment and waters of the state and that includes:

a. The estimated length of operation of the facility; and

b. A description of the procedures, methods, and schedule to be implemented at the facility for final disposal, handling, management and/or treatment of all animal waste.

COMMISSION: Planning and Zoning Commission of Elmore County appointed by the Board.

COMMENCE OR START OF CONSTRUCTION: Date building permit is issued or notice of Agriculture Construction is submitted to Elmore County. Where no building permit or notice is required, the date work is actually begun.

DEAD ANIMAL: Carcasses, parts of carcasses, or tissues from dead animals, including domesticated livestock, sheep, goats, poultry, pets and commercial fish.

DIRECT GLARE: The light seen in a lighting fixture as opposed to seeing the light from a fixture.

ENVIRONMENTAL RISK: Means that risk to the environment deemed posed by a proposed CAFO site, as determined and categorized by the CAFO site advisory team and set forth in the site advisory team’s suitability determination report.

EXISTING OR GRAND FATHERED CAFO: A CAFO built and in operation and properly registered at the time of the effective date of this Ordinance.

EXPANDING CAFO: An existing CAFO that: (1) Cumulatively increases its One-Time Animal Capacity by ten (10) percent or 150 animals whichever is less, or (2) An existing CAFO that increases the capacity of its Animal Waste Management System.

FSA: Farm Service Agency of the United States Department of Agriculture.

ISDA: Idaho State Department of Agriculture.

IDAPA: Idaho Administrative Procedures Act.

IDEQ: Idaho Department of Environmental Quality.

IDWR: Idaho Department of Water Resources.

LAND APPLICATION: The spreading or chemigating on, or incorporation of, Animal Waste into the soil mantle primarily for beneficial purposes.

LIQUID WASTE SYSTEM: Means those wastewater storage and containment facilities, associated waste collection and conveyance systems and the final distribution system where water is used as the primary carrier of manure and manure is added to the wastewater storage and containment facilities on a regular basis.

MATERIAL CHANGE: An alteration in the CAFO that meets at least one of the following criteria:

1. Change in the size and/or location of the animal waste management system.

2. Relocation of CAFO Improvements outside of the CAFO Facility Area for which they were approved.

3. Relocation of any CAFO improvement so that it no longer meets a setback required by this ordinance.

4. Change in type of animal housed.

5. Change to Dead Animal Storage Area.

6. Change or relocation of Feed Storage Area.

7. Cumulative increase of the permitted one (1)-time animal capacity by ten (10) percent or 150 animals, whichever is less.

MINIMUM: The smallest quantity, number, or degree possible or permissible.

NEW CAFO: A CAFO commenced after the effective date of this ordinance, which contains upon it a CAFO Facility Area.

NON-CONFORMING CAFO: Any grandfathered operation or operation that met the definition of a Livestock Confinement Operation under Ordinance 94-2, but is not registered at the time of the adoption of this ordinance, shall become a legal non-conforming CAFO if it has not been expanded or materially changed, and may not be expanded or materially improved except as otherwise provided in the zoning ordinance.

NRCS: Natural Resource Conservation Service of the United States Department of Agriculture.

NUTRIENT MANAGEMENT PLAN: A plan approved by the Director of the Idaho State Department of Agriculture or his/her designee for managing the amount, source, placement, form and timing of the Land Application of nutrients and soil amendments for plant production and to minimize potential for environmental degradation, particularly impairment of water quality. Third party recipients must be compliant with County Ordinances in regards to setbacks, application, and removal of animal waste.

ODOR MANAGEMENT PLAN: A site specific plan approved by the responsible government agencies with regulatory authority to manage odor generated on a CAFO.

ONE -TIME ANIMAL CAPACITY: The maximum number of animals that a CAFO Facility Area is capable of housing at any given point in time.

PEST: Insects, rodents and other vermin.

PEST ABATEMENT PLAN: A site specific plan, if such plan is required by any regulatory agencies with authority over the proposed CAFO.

PROCESS WASTEWATER: Any water on the CAFO Facility Area that comes into contact with any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting from the production of animals and any products directly or indirectly used in the operation of a CAFO Facility Area, such as spillage from animal watering systems; washing, cleaning or flushing pens, barns, manure pits, or spray cooling of animals; and dust control and any precipitation which comes into contact with Animal Waste.

PUBLIC RIGHTS OF WAY: All public rights of way intended for road purposes under the jurisdiction of local, state, and/or federal agencies.

REGISTRANT: Owner or operator of an Existing CAFO, who files a Registration Notice with the Office of the Administrator and provides the information required under this Ordinance.

REGISTRATION NOTICE: The document and accompanying information that an Existing CAFO shall file with the Administrator in order to register the CAFO.

SETBACKS: Setbacks are measured from the nearest edge of the CAFO improvements, not the property boundary.

SUITABILITY DETERMINATION: Means that document created and submitted by the CAFO site advisory team after review and analysis of a proposed CAFO site that identifies the environmental risk categories related to a proposed CAFO site, describes the factors that contribute to the environmental risks and sets forth any possible mitigation of risk.

USGS: United States Geologic Survey.

VARIANCE: A modification of the requirements of this Ordinance approved through the process outlined in Section IX of this Ordinance.

III. REGISTRATION PROCESS FOR EXISTING CAFOs:

A. Within six (6) months from the effective date of this Ordinance, any person or entity ("Registrant") operating an Existing CAFO shall file a Registration Notice with the Administrator. An Existing CAFO that fails to file a Registration Notice within six (6) months of the effective date of this Ordinance shall pay a fee as set by the Board, which fee shall be submitted with the Registration Notice. CAFOs that have previously received a conditional use permit, or have registered as an Existing Facility need not register or re-register under this Section IIIA. The Registration Notice shall be submitted on a form provided by the Growth and Development Department and shall include but not be limited to the following applicable information, if available:

1. Name, address, and telephone number of registrant.

2. Legal description of the CAFO Facility.

3. Type of animals.

4. One-Time Animal Capacity.

5. Zoning district.

6. A Site Plan or a current FSA aerial photograph showing and labeling the following:

a. Size including CAFO Facility Area dimensions and location of existing improvements within the CAFO so that the CAFO Facility Area may be determined;

b. Property lines, set backs and acreage;

c. Feed storage areas;

d. Confinement areas;

e. Animal Waste Management System;

f. Wells; and

g. Dead animal storage.

h. A written description of any Animal Waste Management System.

7. A copy of the Nutrient Management Plan and a letter from the Idaho Department of Agriculture, or any other regulatory agency that states the facility has an approved Nutrient Management Plan.

8. A valid stock water right permit or license from the State of Idaho.

9. Other relevant information as required by the Commission.

10. Proof that the facility has been operating as a CAFO as defined in this Ordinance.

B. The Registrant shall submit a copy of the above information to the Administrator at least thirty (30) days prior to a regularly scheduled Commission meeting. The Commission shall review each Registration Notice and shall make a determination regarding the completeness and accuracy of the Registration Notice within ninety (90) days of the meeting.

C. The Commission shall provide the Applicant written notice within thirty (30) days of its decision as to whether the Application is complete and accurate. If the Registration notice is accepted, it shall be filed in the official records of the Elmore County Growth and Development Department. If the Commission determines the Registration Notice is incomplete or the information is inaccurate, it shall provide the Registrant written notification specifying the incomplete portions or inaccuracies.

D. The Registrant shall provide the completed items or the correct information to the Administrator if the registration is to be accepted. The Commission shall review the new information, and if it shall deem the registration notice accepted the notice shall be filed in the official records of the Growth and Development office. The Commission shall provide the registrant with written notification of such action within thirty (30) days of the determination.

E. Registration Notices which have been accepted and filed by the Commission shall allow the continued operation of an Existing CAFO as described in the Registration notice and shall be transferable in the same manner as a CAFO Siting permit for so long as the CAFO remains in operation without a material change.

IV. CAFO SITING PERMIT REQUIRED:

A. The following require a CAFO Siting Permit prior to commencement:

1. Expanding an Existing CAFO;

2. Material changes to an Existing CAFO; or

3. A New CAFO.

B. The CAFO Siting Permit may be transferred with the approval of the Planning and Zoning Commission. The Administrator shall be given notice of the transfer of a CAFO Siting Permit setting forth the date of the transfer and the name, mailing address and telephone number of the party to whom the permit is being transferred. CAFO Siting Permits are appurtenant to the location for which they are granted, shall not be transferred to any other location, and are binding on transferees.

1. The location of Animal Waste Management Systems, corrals, wells, and septic systems shall conform to all applicable rules, regulations and specifications as required by any regulatory agencies.

2. Silage, potatoes or any feed product resulting from the ensilage process shall be located a minimum of seven hundred feet (700’) from any existing residence not belonging to the owner or operator of the CAFO.

3. All agricultural buildings, feed storage areas, feed bunks or feed racks shall be setback a minimum of one hundred feet (100’) from property lines and public rights of way.

4. Lights shall be placed and shielded to direct the light source down and inside the property lines of the New CAFO. All direct glare from the CAFO lights shall be contained within the CAFO facility area.

5. No New CAFO Facility Area shall be approved and/or located within a minimum of one and one-half (1 ½) miles of a parcel of property in a residential zone or a platted, approved or developed subdivision or an unincorporated townsite that has been platted for five (5) years or more as of the effective date of this ordinance. If however, a subdivision or un- incorporated townsite has been platted for five (5) years or more and no public improvements have been built, the minimum 1½-mile setback shall not be applied to that subdivision or unincorporated townsite. Public improvements are those required by Chapter II, Article V-2, Section B.5-2 (Required Public Improvements) of the Elmore County Zoning and Development Ordinance.

6. The Animal Waste Management System shall not be located or operated closer than a minimum of one thousand three hundred twenty feet (1,320') from an existing residence belonging to someone other than the Applicant, or be located and/or operated closer than a minimum of three hundred feet (300’) from property lines. However, the Animal Waste Management System for New Swine or Poultry Facilities shall not be located closer than a minimum of two miles of an occupied residence not part of the New Facility or owned, occupied or leased by the owner of the New Facility. Such setbacks may be reduced if the owner and occupant of the residence consent in writing.

7. No Animal Waste Management System shall be located and/or operated closer than a minimum of five hundred feet (500’) from a well.

8. No Animal Waste Management System shall be located closer than a minimum of three hundred feet (300’) from a public right of way.

9. No New CAFO Facility Area shall be approved and/or located within a minimum of one and one half (1 ½) miles of the Snake and/or Boise Rivers or within a floodplain as set out on the most recent Federal Emergency Management Agency Flood Insurance Rate Map for Elmore County.

10. Aquaculture CAFOS are exempt from the setbacks contained herein except for the storage of solid waste on the land.

11. The setbacks contained herein shall not apply to Land Application, except that Animal Waste from a swine or poultry CAFO facility area shall not be land applied within a minimum of one (1) mile of a residence not part of the New CAFO or owned, occupied or leased by the owner of the New CAFO. Such setback may be reduced if the owner and occupant of the residence consent in writing.

D. Exemption to Site Setbacks: Certain land parcels may not be conducive to setback requirements due to unique locations and demographics. Where appropriate, the Commission may grant Applicants a variance to setback requirements pursuant to Article IX below. If this setback includes Animal Waste Management Systems, the System shall meet all state and federal regulations and be approved by the regulatory agencies with authority.

Prior to approval of a CAFO Siting Permit for an Expanding CAFO, the Commission shall find that the Expanding CAFO meets the following requirements:

2. The Expanding CAFO Facility Area shall be located a minimum of two (2) miles outside the defined Area of City Impact adopted pursuant to I.C. §67-6526 of any incorporated municipality within Elmore County and two (2) miles from the legally described perimeter of Mountain Home Air Force Base.

3. Swine and Poultry Expanding CAFO Facility Areas shall be located a minimum of three (3) miles outside any Area of City Impact and the legally described perimeter of Mountain Home Air Force Base.

4. The Expanding CAFO shall not be located within any aquifer recharge Community Development Overlay as adopted and defined by the Elmore County Zoning and Development Ordinance.

5. The Expanding CAFO shall comply with and not be in violation of any federal, state or local law, ordinance, or regulatory requirement.

6. An Applicant shall not begin construction of an Expanding CAFO prior to approval of the CAFO Siting Permit.

7. An Expanding CAFO shall provide a copy of its pest abatement plan if required by any governing agencies.

8. An Expanding CAFO shall comply with IDAPA rules governing dead animal movement and disposal.

9. An Expanding CAFO shall come into compliance with all the requirements of a New CAFO as a condition of the expansion, except when those requirements are specifically not required by this Ordinance.

10. An Expanding CAFO, Swine or Poultry Facility Area shall provide a hold harmless agreement pertaining to noise within two (2) miles of the legally described perimeter of the Orchard Training Range.

11. Reports of monitoring wells must be reported annually to the Board of Commissioners.

1. The Expanding CAFO shall comply with the terms of its Nutrient Management Plan for Land Application.

2. The Expanding CAFO shall be in compliance with all environmental regulations, requirements, and permits imposed by state or federal law or any regulatory agencies.

1. The location of Animal Waste Management Systems, corrals, wells, and septic systems shall conform to all applicable rules, regulations and specifications as required by any governing agencies.

2. Silage, potatoes or any feed product resulting from the ensilage process which is stored in the open air shall be located a minimum of at least seven hundred feet (700’) from any existing residence not belonging to the owner or operator of the feed.

3. All agricultural buildings, feed storage areas, feed bunks or feed racks shall have a minimum of one hundred foot (100’) setback from property lines and public rights of way.

4. Lights shall be placed and shielded to direct the light source down and inside the property lines of the Expanding CAFO.

5. No Expanding CAFO Facility Area shall be approved and/or located within a minimum of one and one-half (1½) miles of a parcel of property in a residential zone or a platted, approved or developed subdivision or an unincorporated townsite that has been platted for five (5) years or more as of the effective date of this ordinance. If however, a subdivision or unincorporated townsite has been platted for five (5) years or more and no

public improvements have been built, the minimum of 1½-mile setback shall not be applied to that subdivision or unincorporated townsite. Public improvements are those required by Chapter II, Article V-2, Section B.5-2 (Required Public Improvements) of the Elmore County Zoning and Development Ordinance.

6. The Animal Waste Management System shall not be located or operated closer than a minimum of one thousand three hundred twenty feet (1,320') from an existing residence belonging to someone other than the Applicant, or be located and/or operated closer than a minimum of three hundred feet (300’) from property lines. However, the Animal Waste Management System for swine Expanding Swine and Poultry CAFOs shall not be located closer than a minimum of two miles of an occupied residence not part of the Expanding Facility or owned, occupied or leased by the owner of the Expanding Facility; provided however, such setbacks may be reduced if the owner and occupant of the residence consents in writing to a lesser setback.

7. No Animal Waste Management System shall be located and/or operated closer than a minimum of five hundred feet (500’) from a well.

8. No Animal Waste Management System shall be located closer than a minimum of three hundred feet (300’) from a public right of way.

9. No Expanding CAFO Facility Area shall be approved to expand to within a minimum of one and one-half (1 ½) miles of the Snake or Boise Rivers or to expand within a floodplain as set out on the most recent Federal Emergency Management Agency Flood Insurance Rate Map for Elmore County.

10. The setbacks contained herein shall not apply to Land Application, except that Animal Waste from a swine or poultry CAFO Facility Area shall not be land applied within a minimum of one (1) mile of a residence not part of the Expanding CAFO or owned, occupied or leased by the owner of the Expanding CAFO. However, such setback may be reduced if the owner and occupant of the residence consent in writing.

D. Exemption to Site Setbacks: Certain land parcels may not be conducive to setback requirements due to unique locations and circumstances. Where appropriate, the Commission may grant Applicants a variance in setback requirements pursuant to Article IX below. If this setback includes Animal Waste Management Systems, the System shall meet all state and federal regulations and be approved by the regulatory agency with authority.

1. A variance may be sought relating to the setback requirements contained in this Ordinance by making a written request for a Variance at the time of filing the CAFO Siting Permit Application. The Applicant shall pay the required variance fee as set by the Board by resolution at the time of submitting his or her Application. The Commission may authorize a variance from the requirements contained in this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship.

2. Variance procedures shall be consistent with the provisions contained in the Elmore County Zoning and Development Ordinance for Variances.

A. If the Commission finds that the Applicant has shown that the proposed Expanding or New CAFO meets the criteria set forth herein, the Commission shall grant the CAFO Siting Permit requested. The CAFO Siting Permit shall be in the form of a Findings of Fact, Conclusions of Law and Order. If the Commission does not find that the Applicant has shown that the proposed Expanding or New CAFO meets the criteria set forth herein, the Commission shall deny the CAFO Siting Permit in writing setting forth reasons for the denial and the relevant law relied upon. In making such decision, the Commission may use information and consider recommendations received from the State of Idaho CAFO Advisory Team or any other similar group.

B. SPECIAL CONDITIONS: The Commission may require any special conditions allowed by Idaho Code § 67-6513 and make those conditions part of the Applicant’s Siting Permit.

C. If construction is not commenced within one (1) year of issuance of the New or Expanding CAFO Siting Permit, the Applicant shall appear before the Commission to show proof of measurable progress toward a complete project and must be presented before the Commission. The Applicant shall reappear on a yearly basis thereafter to show cause why the New or Expanding CAFO has not been completed. If the CAFO is not a working CAFO within five years of the permit being issued, the Commission may revoke the permit. Once revoked, the Applicant may reapply. Re-application shall be governed by statutes, regulations, and ordinances in effect at the date of re-application.

Prior to the use of a New CAFO, the new portion of an Expanding CAFO, or making material changes in any CAFO, a CAFO Operation Permit is required.

A. After approval of the CAFO Siting Permit the permit holder shall notify the Administrator in writing when construction starts. Additionally, if construction of

an Animal Waste Management System commences after the initial commencement of construction notice, the CAFO Siting Permit holder shall provide the Administrator with separate written notice of the date of the Animal Waste Management System construction commencement.

After approval of a CAFO Siting Permit, if the permit holder desires to make changes to the proposal authorized under the CAFO Siting Permit that may violate the terms or conditions of the permit as the application was presented to the Commission, the permit holder shall present a written change request to the Administrator. The change request shall be on a form provided by the Administrator and will contain information the Administrator deems appropriate. The request shall clearly specify the proposed change(s) and shall provide an explanation or justification for the proposed change(s). The Administrator shall place the request on the Commission’s next available meeting agenda. If the Commission determines the proposed change is minimal and does not violate the terms and conditions of the CAFO Siting Permit, the Commission may approve the change request in writing and the permit holder may proceed with construction.

If the Administrator determines that the CAFO Siting Permit holder desires to make changes to the proposal that may violate the terms and conditions of the CAFO Siting Permit, or result in material change to the project, the Administrator shall place the written change request on the Commission’s next available meeting agenda. In considering the change request, the Commission shall apply the same criteria to the proposed change as was applied in the decision to grant the original CAFO Siting Permit application and may conduct a hearing with the required notice. The Commission, after Notice and Hearing as required for an original application, and if necessary after submission of additional information, shall apply the same criteria as

for granting an original application. If the change request is granted by the Commission, an amended CAFO Siting Permit shall be issued within ten (10) days of Commission approval.

B. If the change request is denied by the Commission, the CAFO Siting Permit holder may appeal the denial to the Board. The appeals shall be governed and processed in accordance with the provisions of the Elmore County Zoning and Development Ordinance regarding Conditional Use Permits.

C. Inspection of the construction progress of the CAFO facility authorized by the CAFO permit shall occur as governed by the Uniform Building Code. For those sections for which a building code inspection is not required, inspection shall be made at the Building Inspector’s discretion. In addition, inspections may be done when requested by the CAFO Permit holder. The inspections shall be performed by the Building Inspector or the Idaho State Department of Agriculture and reported to the Commission. The County may by resolution adopted by the Board charge fees for inspections perform by the Building Inspector.

D. The Commission or the Building Inspector shall have the authority to issue a "STOP

WORK" order for that portion of the New or Expanding Facility in violation of the CAFO Siting Permit if an inspection reveals a material violation of the terms of the CAFO Siting Permit or construction that does not comply with the CAFO plans as presented. All work specified in the order shall STOP after posting the order. The CAFO Siting Permit holder owner may appeal such an order to the Commission.

E. After completion of the construction of the New or Expanding CAFO authorized by the CAFO Siting Permit, completion of any approved change requests or non-compliance corrections, and receipt of proof by the Administrator that all required permits have been obtained and management plans approved where all responsible regulatory agencies requires approval of those plans, the Administrator shall issue a CAFO Operation Permit to the CAFO Siting Permit holder. The Applicant shall provide copies of all permits and management plans of the Facility to the Administrator. The CAFO Operation Permit shall certify that the New or Expanding CAFO has been inspected and conforms to the terms of the CAFO Siting Permit, with approved changes, and the CAFO Siting Permit holder is fully authorized to operate the New or Expanded CAFO.

F. For all CAFO facilities managing liquid waste continued proof of liability insurance shall be submitted to the County annually.

G. If the Administrator denies issuance of a CAFO Operation Permit, such denial shall be in writing setting forth the reasons for the denial and may be appealed to the Commission. Such an appeal shall be filed with the Office of the Administrator within twenty (20) days of the issuance of the denial.

A. Any Applicant or affected person who has appeared before the Commission in person or in writing, and is aggrieved by a decision of the Commission shall have a right to appeal to the Board. Unless otherwise specified in this ordinance, appeals shall be governed and processed in accordance with the provisions of the Elmore County Zoning and Development Ordinance.

A. Violations of any of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor as defined by Idaho Code §18-113, and is punishable by up to six (6) months in jail and up to a one thousand dollar ($1,000.00) fine, or both. Each day a violation continues shall be considered a separate offense.

B. If the Administrator receives a signed written complaint of alleged non-compliance with the terms of a CAFO Siting or Operation Permit, or possible non-compliance by any government inspector, official or employee or any affected person, the Administrator shall immediately give notice of the complaint to the CAFO Siting Permit holder and shall determine the validity of the alleged non-compliance within ten (10) business days of giving such notice to the CAFO Siting Permit holder. The holder may submit rebuttal evidence to the Administrator concerning the alleged non-compliance within ten (10) business days of receiving a copy of the complaint.

Written notice of the Administrator’s decision shall be given to the permit holder and the complaining party. The CAFO Siting Permit holder may correct any non-compliance or appeal the Administrator’s decision to the Commission within fifteen (15) days of the date of the Administrator’s determination. If no appeal is filed, the correction shall be completed within thirty (30) days of the date of the Administrator’s written determination unless a written extension has been granted by the Administrator. If a longer period of time is needed to make the correction(s), the Applicant can request longer extension from the Commission.

If the Permit holder does not comply with the Admistrator’s decision, the Administrator shall forward the complaint to the Commission for further consideration. The Commission shall proceed with a public hearing as set forth below. If the Permit holder does not correct the violation as directed by the Administrator or the Commission, the Commission may revoke, suspend, or modify the CAFO Siting and/or Operation Permit, and/or request the Board to direct the Elmore County Prosecutor to initiate a misdemeanor prosecution or an action in district court requesting injunctive relief.

If the complaint of non-compliance is based on an alleged violation of state or federal laws, rules or regulations, the Administrator or Commission shall forward the complaint to the applicable enforcement agency and defer to the determination of the agency. In such situations, time limits in this Ordinance shall be tolled until a response is received from the relavant agency.

The complaining party may also appeal the Administrator’s decision to the Commission within fifteen (15) days of the date of the Administrator’s determination.

If either the Permit holder or complaining party appeals the Administrator’s decision to the Commission, the Commission shall hold a public hearing on the complaint. The public hearing shall be advertised and conducted according to the requirements of conditional use permits contained in the Elmore County Zoning and Development Ordinance and I.C. § 67-6509; provided however, notice shall also be provided by certified mail to property owners within a minimum of two (2) miles of the CAFO Facility Area. The Administrator shall also physically post notices at the external boundaries of the CAFO facility Area at least thirty (30) days prior to the hearing. If the Commission does not decide to revoke the CAFO Siting Permit, no findings of fact and conclusions of law shall be made. If the Commission decides to revoke, suspend, or modify the CAFO Siting and/or Operation Permit, findings of facts and conclusions of law shall issue.

C. The Commission may also at any time take immediate action to protect the public from immediate danger in accordance with the process set forth in Idaho’s Administrative Procedure Act, specifically Idaho Code §67-5247.

THIS ORDINANCE shall be in full force and effect from and after its passage, approval, and publication.

Passed by the Elmore County Board of Commissioners of the State of Idaho on the 5th day of June, 2006.

Luther Cook, Prairie, appeared before the Board to discuss a dispute arising from a survey. Assessor Jo Gridley was present for the discussion. Mr. Cook stated that in 2002 the State started re-surveying land on the Prairie, finishing the project in 2003. Mr. Cook stated the surveyor admitted to moving a corner pin which is illegal. The property is located in Section 12, Township 2 North, Range 7 East, the pin that was removed is the corner matching up to Range 8 East. Moving the corner pin reduced Mr. Cook’s acreage by about twelve acres. Mr. Cook stated that in the 70's he had logged on that property and now the State is claiming he owes for stumpage in the amount of $12,826.56 plus costs. Mr. Cook said he hired his own surveyor, who found an error in the State’s survey but when Mr. Cook took the information to John Roberts at State Lands, the State refused to change their opinion. Mr. Cook stated that the line had been established for thirty-three years and when the timber was logged, it was fine with the State of Idaho and has been fine for thirty-three years until this new survey was done and the corner pin was moved. Mr. Cook stated he has tried to persuade the State several times, and has contacted Senator Larry Craig this month about the matter.

Mr. Cook asked Assessor Jo Gridley if she would read his letter to Senator Craig into the record:

Dear Sir, my name is Luther Cook, owner and operator of the Cook Ranch in Prairie, Idaho. In 1954 my father, Clyde Cook, a WWII Decorated Major in the Pacific theater, purchased the land which is now the Cook Ranch and began a cattle ranching operation. In 1969-1970, the ranch boundaries were surveyed by my father for the purpose of a logging operation conducted in 1970-1974, during which the then-surveyed boundaries were logged. During this period, the Idaho Dept. of Lands, or IDL, also conducted their own survey and conclusively agreed upon the same boundary lines; which until recently have not been disputed.

In 2002-2003, the Idaho Dept. of Lands conducted a re-survey of the same boundary lines. While this purpose of this re-survey was intended for the logging of IDL lands, the outcome is realized in that the IDL now claims theft of merchantable trees within a corridor of approximately 30-150 feet wide along the previously agreed upon boundary. This “claimed” area amounts to about 12 acres of the Cook Ranch and lays claim to tree stumps from the logging operation conducted in the 1970's, the ownership of which was not disputed until this time. The IDL now allagates that these trees were “stolen” and requires that triple that value of these trees at current market value be collected immediately.

It is to the best of my knowledge that Idaho Law acknowledges that boundary lines that are not in dispute for any adequate number of years are to be regarded as “grandfathered” and cannot be changed or disputed unless agreed upon by all parties which share the same boundary line.

Acting on this belief, I have spent considerable time, money, and resources, at the expense of my mental anguish and stress, to resolve this matter with the IDL, to wit no reasonable resolution has been met to date. Court proceedings regarding this matter are ongoing but one-sided, and there is a serious disregard of the IDL’s cooperative efforts, which are requested concerning this matter.

I ask that your attention to this matter be forthcoming, as at this time I have no option left but to bring suit against the IDL and the State of Idaho regarding the infringements of my rights and property in question. Thank You for your prompt attention to this matter, as I believe in the proper process and duty of those placed in the stewardship of the matters concerning the State of Idaho and all herein concerned.

Mr. Cook stated that he has spoke by telephone with Dustin Miller who has acknowledged receipt of the letter on behalf of Senator Larry Craig. Mr. Cook asked if the Board was interested in his problem, and Chairperson Egusquiza stated they were and would begin doing some research.

CRUSER....................................................... - AYE Motion carried and so ordered.

Social Services Director Marianne Bate informed the Commissioners there were no indigent cases for the day but there were liens that needed to be signed.

Jo Gridley, Assessor, appeared before the Board regarding a vacancy in her office, one of her employees is retiring which is an appraiser position. Jo would like to hire a data entry person and keep the appraiser position open, therefore creating a new position. Discussion followed and with budget time coming the idea will be considered. In the mean time, Ms. Gridley will hire a data entry person and a decision regarding the appraiser’s position will be made when budget’s are discussed. A job description will be sent to BDPA for the data entry position.

Ms. Gridley also reported on the vehicles in her department. A new vehicle was budgeted for this fiscal year and she would like to start the purchasing process, finalizing the purchase in July. The Assessor’s Bronco keeps breaking down and they are in need of a four wheel drive vehicle. Also the white car needs approximately $800 in repairs and a new paint job.

Budget workshops were held on the Commissioner’s budgets. A call was placed to the Veteran’s Administration in regard to the Veteran’s Services budget.

A telephone call was placed to the outside auditor with general questions. Mr. Brett Hyatt told the Board that the most important thing is that all incoming funds are receipted in the Treasurer’s office and that departments bring any funds they receive to the auditor daily.

A workshop on the proposed Wind Power ordinance was held. There was general discussion and a starting point to revise the ordinance was established. Testimony taken at the hearing held on April 24, 2006 was reviewed.

Correspondence received by mail was reviewed. The Board asked Clerk Best to send a copy of a letter and attachments from Atlanta Quick Response over to Bonnie Sharp at the Growth and Development Department.

CRUSER....................................................... - AYE Motion carried and so ordered.