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10. 11:26 a.m. — PILOT LAGOON CONDITIONAL USE PERMIT— Lanfear made a motion and <br /> Arnold seconded to open the public hearing. Arnold, Bredthauer, Lancaster, Lanfear, Quandt, <br /> Richardson and Schuppan all voted yes and none voted no. Motion carried. <br /> Mr. Humphrey stated that this conditional use permit was due in March 2, 2016 but they did not <br /> have a contact person. They were finally able to contact the corporate office that is out of state. <br /> This is a renewal and it is located east of the truck stop. <br /> County Clerk Marla Conley read a letter from Platte River Recovery Implementation Foundation <br /> regarding the conditional use permit for Pilot Travel Centers stating that they own property <br /> adjacent to this lagoon and they have no objection to the continued operation of the lagoon. <br /> Chairman Lancaster called for public participation. <br /> Mark Eastman, 242 South Cherry Street stated he owns property on the northeast quarter and <br /> expressed concern if there could be contaminants that could go into the ground. The lagoon did <br /> leak into the Platte River. He asked if there is a lining in the lagoon. <br /> Chairman Lancaster called for public participation and there is not a representative from Pilot. <br /> Chairman Lancaster called for public participation and no one responded. <br /> Arnold made a motion and Lanfear seconded to close the public hearing. Arnold, Bredthauer, <br /> Lancaster, Lanfear, Quandt, Richardson and Schuppan all voted yes and none voted no. <br /> Motion carried. <br /> 10 a DISCUSS &TAKE ACTION ON CONDITIONAL USE PERMIT FOR PILOT LAGOON <br /> Arnold questioned if the DEQ monitors the lagoons and it was stated that they do. <br /> He stated that if there was a concern and they were out of compliance the board would hear <br /> about it. There is not a representative present and Hall County does not have any regulations. <br /> Richardson questioned how the transfer of ownership would happen. Regional Planning <br /> Director Chad Nabity stated that a conditional use permit is on the property not the property <br /> owner. <br /> Bredthauer questioned what happened if a lagoon is not in compliance this one was built <br /> several years ago. Mr. Nabity stated the DEQ regulates the lagoons along the interstate. He <br /> noted that paragraph 7 in the resolution states they are to provide the County Zoning Director a <br /> copy of any notices from the DEQ. She noted that the DEQ will check the lagoons and if they <br /> are not in compliance they will shut them down. She expressed concern delaying this issue. <br /> Richardson questioned whose burden it is to see that the conditional use permits are renewed. <br /> Mr. Nabity stated that it is the applicant's responsibility to do so. We need to pursue the <br /> applicants when they are out of compliance. Sometimes it is difficult to locate the appropriate <br /> people. There is not a penalty but we could shut them down and they would respond quickly. <br /> Arnold suggested that there should be some type of penalty if they do not file an application. He <br /> suggested working with Jack to consider this. They have to follow the local and federal rules <br /> and if they do not comply they could be shut down. <br /> 7 <br />