January 28, 2021 at 7:30 AM - Water Committee Meeting

Rationale:  Dave Saalfeld has been chairman for 2 years and normally a person that is already on Executive Committee, is not elected as chairman.  

Joe Birkel was selected as chairman
Alex Kavan was selected as vice-chairman

Rationale:  To table flow meter discussion until February Water Committee, so Committee could know if grant funding would be availabe.

Update: January 22, 2021
The NET Grant submitted by LPN didn't score high enough for it to be on the recommended funding list for 2021.
 

Rationale:  Douglas Ritthaler contacted the office regarding his application for an expansion of 20 acres from well G-049210 in the SW 1/4 of S32-T17N-R8E in Saunders County. Staff was able to located the check, cashed on 4/27/2020, but could not find the submitted application. Mr. Ritthaler has since submitted a copy of the original application and would like the Board to consider it for approval. The application ranked 365 points. See attached map and ranking form.

Rationale:  Goedeken Farms is requesting a transfer of 47 acres to the NE1/4 21-18N-1W.  They will be transferring 37 acres from SE1/4 23-18N-1W and 10 acres from SE1/4 21-18N-1W.  Map and applications are attached. 

Rationale:  Staff showed the Committee pictures of the fire protection well drilled in 2000.  They was wondering who is in charge of the maintenance.  It was commented that fire departments now are using a "foam" system to make the water go farther.  If more housing developments are developed, more fire protection wells might be needed.  The NRD can't guarantee what a well can pump because of geology, time of year or well condition.  Stipulations need be considered for approving a well permit in restricted areas.  The Committee would like staff to start a dialogue/conversation with local agencies to share data on groundwater geology and well construction. 

A draft well permitting policy is attached for Committee discussion.  Other attachments are the LPNNRD Groundwater Rules and Regulations, well permits and RDA rules. 

The picture attached "fire protection well" is Well Registration # G-107434.  LPNNRD Well permit LPN-000-205.  Location NW¼NW¼, section 30, T14N-R10E; County Road H, just east of County Road 3,  Saunders County. Well permit LPN-000-205 was approved 9/15/00.  Hand-written on permit "work on Saunders County Roads in Saunders County". Well was registered with State 10-17-2000.  Purpose of well is identified as Industrial (on DNR’s database it is listed as C ← "Commercial") and pumps 160 GPM.  Well modification filed with DNR 5-18-2001 by Grant A Porter, Deputy County Attorney (Saunders Co)

Also attached is some information received on registering wells from:

David L. Miesbach, P.G.
GROUNDWATER SECTION SUPERVISOR/
WATER WELL STANDARDS
Nebraska Department of Environment and Energy
P.O. Box 98922
Lincoln, Nebraska 68509-8922
DIRECT (402) 471-4982 / MAIN OFFICE (402) 471-2186
FAX (402) 471-2909
david.miesbach@nebraska.gov
http://dee.ne.gov


 

Rationale: 

Wells Permits Approved: 29

Landowner	Number of Wells	Number of New Irrigated Acres	Type of Well	County	Subarea

 

 

 

 

 

 

The total number of approved permits for 2020 is #

Location of Approved Well Permits for 2020:  Correct as of 1/1/2021

County	Irrigation - New	Irrigation - Replacement	Stock	Commercial	Municipal	Other	Total
Butler	1	5		1			7
Colfax	1	2					3
Dodge		2				1	3
Boone	2	1					3
Madison							0
Platte	1	1			1		3
Saunders	3	6			1		10
Total	8	17		1	2	1	29

 

Rationale:  Committee discussed the Rules and Regulations on no flow meters.  They recommended that staff should sent the letters explaining the rules.  

Staff has been working diligently on getting producers into compliance on the required flow meter rule.  The list was close to 40 violations initially and now the NRD has it down to 5.  The following locations staff has identified as violations:  (Attached is more details on each violation)  Three other situations are shown on attachment for Committee/Board information. 

• LPN-2012-1261; G-162915; 2012 well permit - Daniel R & Peggy L Schroeter
• LPN-V-014-0396; G-115338; Section 9-15N-1E; 2014 variance for 18 acres - Gaylen Kamrath
• LPN-V-013-0319; G-151389;  SE¼ of SE¼ Section 5-15N-8E; 2013 variance for 33 acres - Jim Lamprecht
• LPN-V-015-0409; G-047732; Section 31-17N-7E; 2015 variance for 18.69 acres  - Jay D and Vicki L Nitz Family Tr (Jack Nitz applied for variance)
• LPN-014-1506; G-021014; SE SW Section 33-20N-3E; 2014 replacement well permit - James G & Cindy A Klassen

Good reasons are shown here to change procedures. More signatures will be needed, like landowners only.  A more exact expiration date like January 1. 2022 for all expansion of acre variances approved in 2020.   New well variances, approve the well and acres separately?  No transfer of acres approved by variance is allowed, if land changes hand.  Other ideas?

Are these permits or variances too old to pursue? Statute of limitations?

The letter gives violators the option to come into compliance by March 26, 2021 with the Water Committee considering actions at the April 1 Committee Meeting. 
 

Rationale:  TRI CITY METERS 

Tri city has completed their first round of meter maintenance in Zone 1- Platte Valley area (Richland/Schuyler & Bellwood/Octavia/Linwood). Approximately 280 meters were maintained this year. They will contact staff with the meters that need to be fixed and then staff will reach out to the producers or owners about the issue with their meter. They plan on coming back and fixing the meters with issues in the field once staff contacts the owner/producer. We will give the owner/producer the option of having Tri City fix them in the field or have it fixed by someone on their own. Either way the meter needs to be operational by irrigation season. Tri city will give a detailed description and the cost of fixing each meter and we will in turn bill the producer if they choose to have Tri City fix the meter. The producer is responsible for the price of batteries if the meter is battery powered and the producer is also responsible for the labor and parts if a meter need's repaired. The initial labor and regular servicing of each meter is covered by the district. 

Rationale:  A Zoom Meeting was held on January 28 starting at 6:30 pm with 14 in attendance. Another meeting for testing only is planned for February 9th in Schuyler.  

Rationale:  NRD Managers within the Coalition and NeDNR will meet on a Zoom meeting on February 3rd.  They will be discussing the recommendations from the technical group.  These recommendations then go forward to the members of the Coalition Group.  Bob Hilger is the representative for LPN and assuming he is willing to continue in this role.  Larry Feala was the alternate, so another director needs to be selected.  Items that will be discussed is the next steps and water allotments for the next 5 years starting in 2022.

Rationale:  Informational graph and location of GWEL wells. 

The Committee was wondering if the NRD is using the correct GWEL water level numbers.  Graphing spring and fall levels on the same graph might not be showing the true picture, especially when Rules and Regulation manages off of spring levels. They would like staff to look at spring levels when developing the graphs and to look at averages for periods of measurements.  Water levels and groundwater energy levels are not the same thing, when the well is under pressure.   

Rationale: 

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

Well Owner	Type of Well	Cost Share Estimate	County
GDR Farms	Irrigation	$788.45	Butler
Hollst Brothers	Irrigation	$1,000.00	Saunders

 

Rationale:  Attached is an UNL invoice for $1072.78 per contract for water and soil samples analysis in the phase areas through the NET grant.  UNL should be completing a report on results by the end of January.  

LRE/JEO continues the development of the nitrate assessment tool.  Activities for January include:

•  Continued developed and refinement of draft tool; and,
• Preparation for the demo to LPNNRD.

 An invoice is attached for $4,462.50.  The contract for this project was for $56,000 with $53,862.50 being spent, which includes this month's invoice.  

Rationale:  This group will be meeting on a Zoom meeting on February 12.  Discussion will involve a desktop exercise and potential drought conditions for 2021.  If anyone is interested in participating in this public meeting, please let staff know.  

Rationale:  The Committee would like set the Water Committee meeting for Wednesday at 7 pm.  The Committee thought an informational meeting would be beneficial with discussion on wells and groundwater availability data with zoning, fire departments and other interested people. The Committee has asked for more discussion with water operators, health professionals and City of Hastings on nitrate issues.   

Water Committee date and time for the upcoming year?
Water Committee Agenda - add or subtract items?

Would the Water Committee consider a retreat to discuss water issues in more details?  Items to consider for the retreat.  

• Phase Areas on nitrogen management to curb the problem
  • Communities involved
  • Health issues
• Water Flow Meters
• Rules and Regulations or Policies
• Phoenix Database and Online Reporting
• Remote reads on water levels
• Goals and Priorities  
• Other suggestions?

 

Rationale:  Update for the LPNNRD Board on what is happening at the AltEn facility at Mead: 

Attachment included along with the following information.

Daryl,

Your email has been forwarded to me for response.  Attached is a list of actions taken by NDEE at the AltEn facility.  The documents in this list have been imaged into the State of Nebraska’s Enterprise Content Management System (ECM).  Documents that have been scanned into the ECM are available to review from NDEE’s website under Public Records Search.  Please see the link below.  The facility number in the attached list will need to be entered to review the documents.

https://ecmp.nebraska.gov/publicaccess/viewer.aspx?&MyQueryID=340

NDEE continues to undertake frequent inspections and review of operations and activities at the facility to ensure compliance under our statutory and regulatory authorities and will use all tools necessary in protecting air, land and water of the State.  NDEE does not comment on possible actions that may occur as a result of on-going investigations

The April 2019 Consent Order issued by NDEE to AltEn requires AltEn to submit and implement a groundwater monitoring plan under NDEE’s oversite.  AltEn’s plan includes monitoring well installation and sampling for pesticides.  NDEE approved AltEn’s plan in April 2020. The monitoring wells were installed September 2020.  Monitoring results were due December 31, 2020, and will be added to the public file when received.  In the event groundwater contamination is detected, NDEE would require AltEn to conduct a detailed site assessment to define the full nature and extent of the contamination.  Based on the results of this assessment, remedial action may be required to clean up the groundwater contamination before it could impact drinking water supplies.

NDEE has determined from analysis of the wetcake/dry distiller grain waste at this time that it does not meet the criteria for identification as a hazardous waste under Title 128 - Nebraska Hazardous Waste Regulations.  NDEE has also determined that the wastes do not meet the requirements for one time or repeated land application  as a special waste under Title 132 - Integrated Solid Waste Management Regulations.   Therefore, the  wastes can only be disposed as a solid waste at a permitted, lined municipal landfill under the Title 132 regulations.  AltEn has disposed of some of the wastes at Butler County Landfill, Inc near David City with NDEE’s approval.

NDEE has also required AltEn to cease land application of the wastewater in any of the lagoons until a complete Best Management Practice (BMP) plan is reviewed and approved by NDEE.

Please share this information with the Lower Platte NRD Board.  Thanks

Mike Felix
Acting Division Administrator
Inspection and Compliance Division
Nebraska Department of Environment and Energy
P.O. Box 98922
Lincoln, Nebraska 68509-8922
DIRECT: (402) 471-2938 / MAIN OFFICE (402) 471-2186
http://dee.ne.gov

Staff updates:

The LPNNRD reached out to NDEE to report this issue for a second time on May 11, 2020.  A phone call was made in 2019.

The LPNNRD deals with non-point contamination and NDEE with point source pollution of the groundwater. 

Some state statues:

Non-point source pollution shall mean a source of contamination in which the contaminant enters the receiving water in an intermittent and/or diffuse manner where a point source cannot be identified;
 
Point source shall mean (a) any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, vessel, other floating craft, or other conveyance, over which the Department of Environment and Energy has regulatory authority and from which a substance which can cause or contribute to contamination of groundwater is or may be discharged, (b) point source groundwater users such as commercial/industrial, public water supply, and / or recovery well(s) that seek to collectively supply groundwater equal to or greater than 300 acre feet per year to a single facility or operation;
 
Nebraska State Statue 46-706
(14) Point source means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, vessel, other floating craft, or other conveyance, over which the Department of Environment and Energy has regulatory authority and from which a substance which can cause or contribute to contamination of ground water is or may be discharged;
 
Nebraska State Statue 46-707
1-(g) Report to and consult with the Department of Environment and Energy on all matters concerning the entry of contamination or contaminating materials into ground water supplies; and
 

Rationale:  Ron Morrisey talked to the Committee about water flow meters.  Ron commented that government agencies were piling on more regulations and potential taxing revenues.  He question the need for flow meters, as information could be collected from NeDNR well registration site.