determine if the oil and gas operation will generate “extraordinary use” and what mitigation measures are needed to prepare access roads to accommodate this use. Decisions associated with road improvement requirements will be made by the County Road Department Supervisor, with an appeal to the County Commissioners available in case of disagreement.

As stated in the findings document, it is not the intent of the County to establish an impact fee.

The proposed Ordinance received an initial Planning Commission review on April 3, 2024; the matter was recessed until June 26, 2024, and then recessed indefinitely until a pending road study is completed and stakeholders are given eight (8) weeks to review the results of that study and the proposed ordinance. The County Commission has determined that this indefinite recess constitutes a negative recommendation under section 8-3-3 B. 9. e. of the Duchesne County Zoning Ordinance.

Jake Woodland, with Wasatch Energy Management as a stakeholder and also representing the Utah Petroleum Association (UPA) as the Uintah Basin Sub-Committee Chair, stated that the concerns about the ordinance have been expressed in the Planning Commission meetings. Conversations about road impacts have been ongoing for nearly three years. As an industry, there is frustration; in any meeting, when there is an action item, the industry returns the requested data in a timely manner, only to have it not acted on for nearly three years. He would like the County Commission to follow the guidance that the Planning Commission set forth and postpone the decision until reasonable and prudent data can be analyzed. He is also concerned with the statement on the second page of the request for action form: As stated in the findings document, it is not the intent of the County to establish an impact fee. He said that the definition of an “Impact Fee,” as written in the letter from UPA dated June 18, 2024 (also in the packet) “Impact Fee” is “a payment of money imposed on new development activity as a condition for development approval to mitigate the impact of the latest development on public infrastructure. The Impact fee statute may not be avoided simply by calling a fee something else.

Commissioner Killian asked Community Development staff if the current road master plan addresses the industry's impacts. Community Development Director Mike Hyde stated that the current Transportation Master Plan report recognizes that “Impact fees may be imposed only after Duchesne County complies with the requirements of Title 11, chapter 36a of the Utah Code.” Since this ordinance establishes a process for negotiation associated with road improvement that may need to be done, does that constitute an impact fee? That is a question that the attorneys need to look into.

Jake Woodland – agrees that the county and the industry need to work together as they have in the past. He is concerned that the draft ordinance is vague, arbitrary, and capricious. He said there has to be clarity for the shall and shall not in the ordinance. He requested the County Commission to follow the recommendation of the Planning Commission and recess the item until the study is complete and the stakeholders are given time to review the results.

Commissioner Killian spoke about the impact of a super pad and the number of trucks it takes. It will impact the roads. He also talked about the jail and the inmates, with the drilling locations by the jail if something went wrong. There wouldn’t be enough time or resources to remove the inmates from the jail.

Commissioner Miles asked Jake Woodland what language in the draft ordinance was arbitrary and capricious. Mr Woodland said there was insufficient time to go through the ordinance line by line. He said the information had been covered in the Planning Commission meetings, and he would suggest reviewing the minutes of those meetings.

Connie Sweat, Planning Commission Chair and LEPC member wanted to address the 200 inmates who would need to be evacuated. There is an agreement with the school district to use the buses in case of an emergency to transport the inmates.

Thomas Winterton, a member of the Planning Commission, said the ordinance is needed, but it is not complete and needs clarification. He suggested following the Planning