January 8, 2018 at 1:30 PM - Regular Board of Directors Meeting

NOTE: The agenda is on file at the LPNNRD office and may be changed up to 24 hours prior to the meeting as scheduled.

Are there any additions or corrections to the agenda?

Dan Gillespie will be present to give a brief presentation on cover crops to the LPNNRD Board on Monday, January 8th. 

Are there any additions or corrections to the Minutes? If not they will be approved on the consent agenda.

Motion from November Board Meeting

Director Birkel updated the Board on the mediation held on Monday, October 30^th.  Ruzicka made the motion, seconded by Hannah, to table discussion on the Ourada lawsuit. Motion carried all members present voting aye.

Attached find the tentative agenda for the Legislative Conference.  Please let Breunig know if you are interested in attending.

The Director Retreat is scheduled for Wednesday, February 21st at the Benedictine Retreat Center near Schuyler.  Please let us know if there are any topics you would like us to include in the program.

The NARD Annual Meeting in Washington DC is scheduled for March 17-21, 2018. Travel arrangements will need to be made soon.

Two directors and two staff have been approved to attend the 2018 NACD conference in Nashville.  At this time there is only one director signed up to attend.  In past years, if there is only one director going, an additional staff member was assigned to attend.  Is this how you would like me to proceed this year?

Attached find Director Saalfeld's Excuse of Absence from the December Board Meeting.

Dan Gillespie will be present to give a brief presentation on cover crops to the LPNNRD Board on Monday, January 8th. 

A meeting has been scheduled with Nebraska Game and Parks to discuss steps involved to develop a lake level management plan.  The meeting will be held in their Lincoln office on January 4, 2018 at 10:00 am.  

I have received a letter from James Douglas, Director - Nebraska Game and Parks Commission responding to my letter dated 12-13-17. (handouts)  
In the event we wish to consider further action on this issue, we may want to enter into executive session.

We have received word from Great Plains RC&D  that the Nebraska Land Trust will be soon receiving $1,395.16 since we designated them as our 501C3 organization to receive our membership dissolution funds.

Jill has compiled all election certifications for each of the current LPNNRD board positions up for election in 2018.  Certifications have been signed, sent to the State and each of the counties in our district.

It has been discussed that since the Panel was established to discuss lowering Lake Wanahoo and with NGPC’s decision to not allow additional annual Lake lowering above what is being done now, to discontinue regular Panel meetings.  Future Lake Wanahoo business, including discussions with USACE and NGPC regarding Operation and Maintenance of Wanahoo lake levels can continued to be handled through regular scheduled LPNNRD Operation, Education and Rural Water Committee meetings.  Committee discussion for a possible recommendation is requested.  

As reported at the last committee and Board meeting, NRCS has approved additional funding through the federal P.L. 566 program for completing a watershed plan update ($575,000) and design ($1.3 million) for the remaining eight Wahoo Creek Dams originally planned in 1998. FYRA prepared the P.L. 566 application and  has been contracted to complete the watershed plan for Wahoo Creek Sites 26 & 27, 

Mike Sotak & Janel Kaufman,FYRA, gave a presentation at the November 30 Projects Committee meeting about providing services to complete the watershed planning for the remaining eight dams and incorporate their completed planning work on dam sites 26 & 27. After the presentation, the Projects Committee discussed the advantages of continuing with FYRA to complete a total watershed plan to include their work on Sites 26 & 27 plus the planning for the remainder of the watershed.  As discussed, the planning effort needs to begin soon because it will take about a year to complete. The Projects committee made the following recommendation (not voted on at the Board Meeting):   "To have FYRA present a contract for Board consideration for continuing with completing a holistic Wahoo Creek Watershed plan to include the evaluation of the remaining eight floodwater reduction dams as identified in the original 1998 plan. This is all contingent on formal approval of NRCS's funding agreement for planning assistance not to exceed $575,000". 

Mike Sotak, FYRA, and Kevin Gustafson, NRCS were present at the December 11 Board meeting to answer questions regarding NRCS's P.L. 566 program.  Mike Sotak, also submitted a potential contract to proceed with Wahoo Creek Watershed planning for the remaining structure sites (attached).

The Projects Committee will also be discussing a recommendation to approve a contract with FYRA to complete a holistic Wahoo Creek Watershed Plan contingent on the approval of NRCS's funding agreement, which may be available at the January 8, 2018, Board meeting. 

Once the watershed plan is completed, our plan is to begin the process for sending our requests for proposals to engineering firms to complete permitting and design tasks for sites 26 & 27 and also for the remaining dams.  It is presently understood that the costs for completing the planning process for the eight remaining dams will be provided by NRCS through their P.L. 566 program. 

We received the attached resignation letter from Melissa Foreman, Shell Creek Watershed Project Coordinator.  Discussion as to rehiring the position or moving forward with coordinated effort between LPNNRD staff and Shell Creek Watershed board members.

Attached find the Draft November Financial Statements.  Grant will be available via conference call at 10:00 a.m. to discuss the November Financials.

Our check of $9,823.41 was split out to pay interest and principal.  The interest billing was mailed before the large principal payment on 11/30/2017 was made.  That is why your bill showed more interest than what was really owed.  Our interest payment was $9,151.86 and $671.55 was applied to the principal balance.

Nothing from previous meetings.

For the Wild NE grassland renovation the seed has been ordered for Czechland.  We will plant in May.

The O & M crew is working on equipment, cutting trees in different locations, keeping tabs on a beaver issue at Cottonwood 6-E and other miscellaneous items.

The Lake Wanahoo Lake Level Panel met Wednesday, December 27 at 7:30 a.m. The agenda and previous months minutes are attached.

Staff installed 9 bags of rubber mulch on the Wanahoo playgrounds. We have the dump station contractor on notice that one hydrant is not operating correctly. The dump station is on warranty until May 3, 2018.  The boat docks were also extracted from the lake for the winter.

The contractor, Standing C Excavation has finished cutting out the Elm and other trees on the Wanahoo area. He will come back a broadcast spray the area in the spring after plants start their regrowth. His contract was for $4,000, The District should pay the contract but retain an amount for the spraying in the Spring.

Regarding the fertilizing of the grasslands for haying, Heimann had some discussion with the Game & Parks Biologist and he doesn't recommend fertilizing the warm season grasses. Fertilizer is generally used on Brome to increase productivity due to its high nitrogen need and shallow rooting system. These areas are dominated by native grasses that get their nutrients deeper in the soil profile and typically don’t benefit greatly from fertilizing. In fact, fertilizing will push these native grass stands toward invasive Brome and Kentucky bluegrass, reducing harvestable biomass over time. We'll allow fertilizer on the small areas of Brome that we do have.

The three new camper pads have been rocked, we installed three fire rings and have three new picnic tables.  The electrician will be out in the spring.

The Fremont Study is transitioning from a GI (General Investigation) Study back to CAP (Continuing Authorities Program) Section 205 Study because the study and potential construction cost for the Non-structural flood risk measures will be under $10 million. The scope of the study has been revised to optimize the non-structural plan. The Non-structural Study cost is $350,000.  The sponsors share is 50% or $175,000. The Corps of Engineers has sent Amendment No. 3 to the agreement between the Dept. of the Army and LPNNRD. The District will ask the partners (Fremont, Dodge County & Inglewood) for their percentage of the $175,000.

To date the District has spent $424,734.50 in cash on the Fremont Study and contributed approximately $82,000 as In-Kind.

St. Peter Lutheran Church in North Bend has submitted their tree planting invoice of $1,955.25 from Nielsen Tree Farms for 15 trees (Douglas Fir, Norway Spruce, Serbian Spruce) planted on their grounds. The NRD Community Forestry policy is to cost-share up to $1,000. The District can reimburse St. Peter Lutheran $977.63.  Board member Ruzicka has confirmed that they were planted and look very nice.

Mountford and Heimann attended the Platte River Ice Jam Preparedness meeting.  Reporting on ice conditions will start immediately. There is a network of Emergency Management, County and NRD personnel reporting at various locations from Columbus to the mouth of the Platte River. Data is reported and recorded by NEMA and DNR.  The National Weather Service send a weekly weather report and will communicate emergency situations to the County Emergency Management Managers.

The current Ice Jam Agreement Account is under $150,000. Papio will send all partners an invoice for their share soon.  LPNNRD will be invoiced approximately $93.00.

Each year the District purchases small trees from the National Arbor Day Foundation. These trees are given to students for Arbor Day and Earth Day. The Fremont Eco Fair is requesting 450 and the District usually gives away 350 - 400 at Conservation Sensation Day and too schools as requested.  Last year the trees cost $1.00 a piece.

The City of North Bend has submitted an invoice of $4,698.40 from Lux Sand & Gravel for cutting brush and trees from their Platte River levee.  North Bend has submitted a claim to Dodge County to pay 1/3 or $1,566.13.  They are requesting the same assistance from the District. The tree stumps were not treated. The contractor said he will spray them in the Spring at an additional cost. Stumps should be treated almost immediately after cutting, unless the contractor is going to use a bark/basal treatment. Staff will inspect the sight and express concerns regarding treating the stumps later. Staff will notify the City of North Bend on the Boards "No Action" at this time until the project is completed.

The KTIC radio ad and the Wahoo Newspaper eAd will promote the AEM flight presentations following the nitrogen & water management certification classes on January 30^th & March 22^nd.  The ads will run through January 31^st.  The ads are attached.

LPNNRD staff are reviewing current website content.  TePoel is continuing to work with Red Thread through the website development & design process.

On December 18^th & 19^th, TePoel presented Wildlife CSI to 3^rd graders at Schuyler Elementary.  Over 150 students participated in the activity.

TePoel has been asked to participate on the fundraising committee for the 2020 NCF Envirothon. The committee recently had a conference call to begin planning.  TePoel has also volunteered for the Entertainment Committee- which will plan the opening and closing ceremonies, trading day, evening activities and entertainment, and "fun day" activities. Closer to the event, there will be many volunteer opportunities for staff and directors to participate in the 2020 Envirothon.

I completed the Grade 4 operator license course 12/12-14.  All licenses expire every odd year so beginning 2018 the RW dept will have myself and Tyler Benal as licensed operators as Eric will let his license expire this year.

Meters read last week (12/18), bills out this week.

Coliform testing and copper lead testing done this week.

All hydrants exercised in early December.

Meters read last week (12/18).

Coliform testing done this week, bills go out this week as well.

Propose updates of Rules and Regulations.  

The plan is to keep moving forward with a public meeting and hearing on March 28 with Board approval at April 9th meeting.  The GW Advisory Group meeting will be held the first part of February for their input. 

A letter is attached from John Vybiral for variance LPN-V-013-0279.  John will be declining the variance at this time for 65 acres.

Kerry Knuth called the office in early December to discuss the decision on his variance application. The application was not on the list at the time of approval. After doing some investigation it was determined that staff had made a clerical error when filing the application. Had the application been included with all other variances on file it would have ranked 4th highest. Attached is a map of the field in question, the ranking associated ranking sheet, and a copy of the list voted on by the Board at the November Board Meeting. 

Wells Permits Approved: 3

The total number of approved permits for 2017 is 32

Location of Approved Well Permits for 2017:  Correct as of 12/27/2017

Staff is asking for the Board's direction with regard to how we will be dealing with future livestock well permit applications. After our meeting with Lincoln Premier Poultry, we have determined that a four barn poultry operation will annually use approximately the same amount of water as a 70 acre pivot irrigation system at a rate of 8" acre inches per year. This would classify any high capacity well for poultry as a class 2 permit. If the district strictly looks at potential capacity, two 50gpm wells could potentially pump 161 acre feet per year which would require a Class 3 permit.

A conference call was held with DNR on starting the process of finishing LPN VIMP.  Discussion involved Acre Feet allotment, new map and editing changes. 

Tentative timetable is as follows:

January 31 - DNR will be at Water Committee discussing a new Hydrological Connected Map along with the Acre Feet Split between Surface and Groundwater. 

February 28 - Stakeholder/Public Meeting on VIMP

March 28 - Public Hearing on VIMP along with Groundwater Management Plan Rules and Regulations

April 9 - Board Approval of VIMP and GW R & R.

Since the last Committee, no actual flow meter cost-share has been received but one individual did convert 2 register to Acre-Inch from Gallons.  The conversion is eligible for $225 per register. 

At the June 28, 2017 Water Committee, motion (1) offer cost-share for flow meters to producers within 2 miles of the SQS #2 Boundary with-in LPNNRD and (2)to offer cost-share within the SQS #2 area to convert gallons reading registers to acre-inches. Cost-share for registers conversion will be $225 with producer paying the labor cost. Deadline for invoices will be by March 1.

At the November 30, 2016 Water Committee, motion was made to fund GWEL cooperator wells at $1,000 per 8 inch meters ($770 from WSF and $230 from LPNNRD = $1,000) and at $749 per 6 inch meters ($577 from WSF and $172 from LPNNRD = $749)

 ==========================================

489 letters to producers whose certification will expire 4/1/2018

181 letters to producers who certification has already expired

Fifteen of these have contacted LPNNRD that they won’t be re-certifying due to retirement, moved out of District, no longer farm due to health, death, etc

Phase 2 reports received through 12/22/2017

     Bellwood - 25 (134 reports received last year)

     Richland-Schuyler North - 25 (61 received last year)

Phase 3 reports received through 12/22/2017

    Richland-Schuyler - 105 (409 received last year)

Deadline on 12/31/2017 falls on Sunday so will likely be getting reports on 1/2/2018 (next mail day).

A hearing is scheduled for December 27 at 4:30 pm. on updating the prices within Chemigation Rules and Regulation.  Attached with the R & R is a Violation Policy which will also be presented at the hearing.  Approval at the Committee Meeting on both items will be needed to present to the Board. 

The LPNNRD has received # ==== livestock permit applications from DEQ since the last Water Committee meeting.

 Description of permit application

# new wells has been reviewed and approved for decommissioning since the last Committee meeting.

# wells have been plugged, reviewed, and ready for cost share payment approval this month.

The Lower Platte South would like an approval email from each NRD on the AGF and DNR draft contracts by January 8, 2018. 

The LPN obligation to this study was $26,000, which $13,000 was paid in the last fiscal year.  Lower Platte South was hoping to get all of the partners paid in full as soon possible, so LPN share for this fiscal year is $13,000. 

The Water Department budgeted an UTV (ATV) with trailer in the FY 2017-18 budget.  The plan is to go through the government contract, which is thru Polaris.  If we can't get the right specs, a RFP will be sent out in January to dealers within the District, so the Water Committee can review and make recommendation at the January 31 Water Committee. 

None to address.

Sean Elliott reviewed the status of SWCP funding as attached to the Projects Committee Minutes.

17-S-24             Marian Vermeline - TOT/wascb - $12,500

None

None

NRCS has completed the 2018 cost share docket and the Land for Conservation recommended payments which will be addressed at the February 1st Projects Committee meeting.

Project I Program Payments:

Loren Hellbusch Septic System Payment ($4,698.72 x 60% up to $3,000) : $2,819.23

Rick Hellbusch Septic System Payment ($6,223.46 x 60% up to $3,000) : $3,000

Lee Osten Septic System Payment ($6,343.76 x 60% up to $3,000): $3,000

Schieffer Signs, INC for Shell Creek Signage: $1,115

On December 14, 2017, a Shell Creek Watershed Improvement Advisory Group Planning Meeting was held in Schuyler to discuss next project directions now that the Kramer Shell Creek Bank Stabilization Project is mostly complete, by Kohl Construction. Director Bailey mentioned that the process for the next project (Hamata) could begin fairly soon.  At the meeting, there was discussion that the next project could be completed as a contract amendment with Kohl using the same unit prices as used for the Kramer Project. Since this project will be funded entirely with our approved 319 grant funding, Mountford confirmed with NDEQ that a contract amendment with Kohl would be accepted as part of a continuation of the Kramer Project.

Melissa Foreman. who has been the Shell Creek Coordinator for over five years has submitted her resignation effective December 31, 2017.  Melissa has been a great asset to SCWIG and LPNNRD and will be missed. 

LPNNRD and FYRA engineering (with NRCS guidance) held agency and public meetings on December 7, 2017, to educate and obtain feedback as part of the project scoping process for completing two Wahoo Creek floodwater reduction/water quality dams, Sites 26 & 27.  The meetings were well attended, receiving many good comments and questions.  There was also much discussion on future planning and design of the remaining eight dams as identified in the 1998 Wahoo Creek Watershed Plan.  LPNNRD will proceed with hiring an engineering firm to complete watershed planning and will also start the process of hiring a firm to permit and design the two dams in 2018.

We have received the Nebrasksa Water Sustainability Fund Grant Award Agreement from, NDNR as attached.  The agreement has been reviewed by our legal council and a committee recommendation to approve the agreement to receive $2,269,194 to use toward Wahoo Creek Dam Sites 26 & 27 is requested.

As reported at the last committee and Board meeting, NRCS has approved additional funding through the federal P.L. 566 program for completing a watershed plan update ($575,000) and design ($1.3 million) for the remaining eight Wahoo Creek Dams originally planned in 1998. FYRA prepared the P.L. 566 application and has been contracted to complete the watershed plan for Wahoo Creek Sites 26 & 27.

Mike Sotak & Janel Kaufman,FYRA, gave a presentation at the November 30 Projects Committee meeting about providing services to complete the watershed planning for the remaining eight dams and incorporate their completed planning work on dam sites 26 & 27. After the presentation, the Committee discussed the advantages of continuing with FYRA to complete a total watershed plan to include their work on Sites 26 & 27 plus the planning for the remainder of the watershed.  As discussed, the planning effort needs to begin soon because it will take about a year to complete. The committee made the following recommendation:   "To have FYRA present a contract for Board consideration for continuing with completing a holistic Wahoo Creek Watershed plan to include the evaluation of the remaining eight floodwater reduction dams as identified in the original 1998 plan. This is all contingent on formal approval of NRCS's funding agreement for planning assistance not to exceed $575,000". 

Mike Sotak, FYRA, and Kevin Gustafson, NRCS were present at the December 11 Board meeting to answer questions regarding NRCS's P.L. 566 program.  Mike Sotak, also submitted a potential contract to proceed with Wahoo Creek Watershed planning for the remaining structure sites (attached). The Board decided that they didn't need to take action on this item until NRCS prepares a P.L. 566 funding agreement,

The Executive Committee will also be updated on approving  a contract with FYRA to complete a holistic Wahoo Creek Watershed Plan contingent on the approval of NRCS's funding agreement, which may be available at the January 8, 2017, Board meeting. 

Once the watershed plan is completed, our plan is  to begin the process for sending our requests for proposals to engineering firms to complete permitting and design tasks for sites 26 & 27 and also for the remaining dams.  It is presently understood that the costs for completing the planning process for the eight remaining dams will be provided by NRCS through their P.L. 566 program. 

The Projects Committee reviewed the proposed contract and gave suggested changes which will be included and discussed by FYRA at the January 8th Board Meeting. 

No new information to report. 

Sean Elliott discussed the current status of NRD Sediment & Erosion complaints:

                - Allan Kaspar - Elliott met with Allan and son, Mike, to observe his complaints with various neighbors.  Elliott advised both Allan and Mike to first make contact personally and if issues couldn’t be resolved then they should pursue actions through FSA’s Farm Programs compliance section.  As of today there has been no official determination.

                -Connie Cronin - Bob Heimann originally addressed this case; I have followed up with the correspondence that he sent and am awaiting a return call.

Two payment requests were received after Committee Meeting.

17-P-15  Dayle Alswager - WASCB w/ TO - $3942.23

17-C-17  Scott Schmid - WASCB w/ TO - $2917.85