Special Town Board Meeting
March 30, 2017


The Special Town Board meeting of the Town of Cooks Valley was called to order on March 30, 2017 at the Cooks Valley town hall located at 15751 40th Street at 7:50 pm by Chairman Darrel Fehr following the public hearing.  Supervisors present were David Clements and Matt Borofka.  Other town official present was Victoria Trinko-clerk.
Discussion of public hearing testimony, the permit application, and any proposed changes and/or additional conditions, and may vote on whether to approve, deny or approve with modification the proposed permit of PurFrac:
Question to the board by the Chairman-Is the PurFrac Non-Metallic Mining permit application and reclamation permit complete?  The board concurred the permits are complete.
There was discussion about issues generated from the plan commission:
The location of the wet plant-The plant was moved in a northerly direction and the latter location presented was accepted by the board.  Chairman Fehr would like to have the wet plant moved more westerly.  Bruce Durand agreed to try and squeeze it more westerly.
Blasting-Chairman Fehr would not like to have blasting occur.  Durand would like to leave that option open.  Durand reported that the casings on the wells they are testing do not have casings put to the bottom of the well.  They would conduct prior testing for a baseline and would work with the land owner.  In the discussion of too many mines, Durand felt that having two mines next to each other is a plus as they can work on reclamation for a smoother terrain.
Q. Clements-Would you be open to no blasting in the permit and then come back to the town board and work it in the permit if PurFrac can prove it is needed?  PurFrac felt that would be acceptable.
Clements clarified the point that well testing would be conducted on all wells within a ½ mile or residents within that ½ mile that want their well tested before any dirt is moved.  If there is blasting, $100,000 will be maintained in a fund to correct/ maintain wells.
Q.-Matt Borofka-How will you be doing the reclamation?  Durand-PurFrac doesn’t plan to have more than 25 acres open unless they get into the steeper slope and would then get into more acres open.  They would take dirt and build a berm as they move behind the mining.
Chairman Fehr said PurFrac would need to have a road agreement before the non-metallic mining permit would be signed.
Q.  Clements- What would be the options of the board if PurFrac needs to exceed the open area?  Durand-PurFrac would have to come back to the board.  The County would have more power due to the reclamation plan.  Clements-The County does not have many people to monitor all the sand mines in the area.
 Q. - Clements- A testing well is located in Section 3.  How will you work around that well when working in that area?  Durand-There would have to be contamination in that well.  Then it would have to be determined where the contamination comes from.  If detected, it would have to be determined if it is them or EOG or some other contamination.  Ground water flows about 50 feet a year.  It would take years for the flow to be detected.
Q. Clements-Whether blasting or not, you will test the wells?  Durand-The wells will be tested within two days.
Devonah McFarlane did a survey of businesses if they were for or against sand mines.
Bloomer Tire Center- business was better two years ago when the mines were going and people were willing to spend their money.
NAPA- business was up 10% three years ago, now down 10%.
Kwik Trip-Chippewa Sands fueled and ate there.  The Bloomer location was No.3 in 300 stores with diesel but has not made it in the top ten since the mines have closed.
Southworth Chevrolet-saw an increase when the mines were running, but now see a decrease.
Security Financial Bank-people are not taking out loans.
Hambones-owner bought when there was a boom; would like to see more sand plants going.
BridgeStop- Lunch time has seen a decrease in food from when the plants were going, but now has seen an increase since plants are hauling again.
Banks-dump trucks have come back and houses have had to be taken back.  People have gotten jobs and are able to make it now.
Q. Fehr-in five years, Will PurFrac be building a cover for the sand piles?  Will the sand pile move?  Durand- The sand pile will not move until we go into phase 4.  Q.-How long will it take to go through phase 1-2-and 3?  It will take 15 years, and then the pile will be moved.  Q. Are the buildings movable?  A. Yes, the buildings are tarp and hoops.  Q. - Will you pour concrete within two years?  A. Will have the first area concreted.  The permit allows maintenance after working hours.  The board and PurFrac were okay with that.
Clements- in issue #5 the air monitoring program is for three years –upwind and downwind.  EOG representative said they had a mentoring grogram for three years.
Q.What is the drop zone of the 2.5 particle? Ans. Dustman-a mile and a half. Q. If there is a big pile, how much wind would it take to blow the sand?  Dustman-declared they don’t generate 2/5 micron particles as other businesses like concrete cutters or stonecutters do. 
Fehr- had concern with clay on the tires and sand blowing off the piles like what occurs at Chippewa Sands and comes over the trees to his place.  Durand- they will have a tire wash and will reduce the blowing of sand.
Mine reclamation-What is activity?  What is considered mining?  Ans.  Three years is a good time for inactivity.  Q.  What is a fair number?  A.  100,000 tons from the bank on the raw per year in a three year period. 
Road agreement- if there is no road agreement, there will be no permit signed.  It was agreed to have a 90 day limit from the time of this meeting for PurFrac to have the road agreement  finalized between PurFrac, EOG and the Town of Cooks Valley board.
Dave Clements asked Dave Bokor, EOG representative, if he has input on the road agreement.  Dave Bokor said they are talking to each other. 
Durand- He wants to ask Dan Fedderly the cost per ton and what is the road capable of how many truck passes per day for accommodating the tonnage.  It would be a pay for as you go.  Will be working with EOG for an agreement.
Durand-all trucks will be covered, all bonding will be done.  They agreed to pay the board’s attorney fees.
Board-there needs to be a method for settling disputes. 
Clements-Mr. Zwiefelhofer felt that I can’t make an unbiased opinion in this matter.
Chairman-property value guarantee-Chris Harmon had stopped earlier and he is concerned about the property value assessment.  There was a discussion of discrepancies among assessors statewide.  PurFrac is open to work on the property value guarantee will be in effect over the years of mining and cannot go below the original assessment.
Adjourn:  Darrel made a motion to adjourn at 9:17 pm.  Matt Borofka seconded the motion.  The motion carried 3-0.

Typed:  April 6, 2017                                         Respectfully submitted
Approved: April 10, 2017                                  Victoria Trinko -Town Clerk