July 13, 2015 at 6:00 PM - Regular Board of Directors Meeting

Rationale: 

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

 

Rationale: 

Attached find Mountford's Report from the National Watershed Conference held May 18-20 in Fort Worth, TX.

Rationale: 

Attached find the following absence requests:

June Meeting - Hilger, Sabatka, Clausen and Meduna

February Meeting - Meduna

  January Meeting - Meduna 

Rationale:  The Monthly Weaver Conference Call will be scheduled the first week of July.

Rationale:  The June Weaver bill has not been received.

Rationale: 

Saunders County Clerk and Election Commissioner Patty Lindgren asked to be placed on the board meeting agenda to discuss Election Costs for LPNNRD and the seven counties we cover. 

We will have Patty as our Educational Program at Board Meeting.

Rationale:  Attached find the renewal purchase agreement for our Accounting Software.  The total renewal cost is $1,586.59.  This includes $1,211.84 for the Business Ready renewal of our Great Plains Software along with $374.75 for renewal of Greenshades.  

Rationale: 

Attached find a resolution needed to amend and restate the NARD 414(h) Retirement Plan. The plan is being restated to incorporate language from the three "tag on" amendments that were adopted separately by the NARD Board.  These amendments were adopted between 2008 and 2012 and are as follows:

•   415 Amendment
• Pension Protection Act Amendment
• HEART WRERA Amendment - Heroes Earnings Assistance and Relief Tax Act of 2008 and Worker, Retiree, and Employer Recovery Act of 2008.

The re-written documents will include a Plan amendment summary and the Plan trust document with all three amendments included.  No additional amendments or changes and no required legislative or regulatory changes have been made. 

Rationale: 

HBE will perform our annual audit in August, this is the third year of our three year contract with them.  Attached find a proposal from HBE to extend our agreement with them for an additional three years.

Two years ago we advertised and took bids for our annual audit to make sure the price is competitive.  At that time we received three bids that were very close.  HBE has preformed our audits since 1983.  The decision today is if we wish to renew our agreement with HBE or advertise for bids.

Rationale:  Attached find a summary of EPA's final rule on Waters of the United States as prepared by Don Blankenau for the Nebraska Water Coalition (we are a member).  We have been informed this rule will go into effect on August 28, 2015.

Rationale:  Chalk one up for the good guys as the U.S. Forest service has withdrawn their proposed rule that would "establish management of groundwater resources on National Forest System Lands."  A copy of the Federal Register for June 19 is attached which is the official notice.

Rationale: 

At the June 16 meeting of the Natural Resources Commission NRDF funds were distributed for FY16.  At last years NRC meeting the plan was to pay our project out over the next two fiscal years with $1,175,471 being paid in FY16.  During the past legislative session we were successful in the addition of $12 million to the expected $6 million over the next four years that pays off the six existing projects.  We were shocked when the NRC voted to distribute funding equally over the next four years to pay off all projects which nets our Wanahoo project $603,590 next year and stretches out our payments over four years. See attachments.

The NRC also took action on our request to distribute funds that have been collected from haying and dirt sales on the Wanahoo property.  We have $36,925.01 banked with $13,660.23 belonging to NRDF and $23,264.78 belonging to LPNNRD.  The NRC agreed to lower our NRDF allocation by the $13,660.23 and turn these funds over to us.  A motion is needed to approve this action.

With the above action it is prudent to use this $36,925.01 as payment on our Union Bank (Wanahoo) loan.

Rationale:  In computing the FY16 Salaries that were approved last month an error was made.  The base FY15 salaries used as the starting point for this year did not include the step additions that were approved last year.  This will affect five employees,  Discussion can occur on how to make the necessary changes to correct this error.

Rationale:  The May Financial Statements are not completed and will be emailed to all Directors prior to Board Meeting.  A motion will be needed at Board Meeting to approve the May Financial Statements.

Rationale:  The administrative portion the budget as well as an overall look was performed by the Executive Committee.  Copies have been placed in all mailboxes.

Rationale:  Each year the Nebraska Department of Revenue makes projections for valuation changes in each county.  Attached find a copy of the Revenue document plus a spreadsheet for our seven counties.  The overall impact for LPNNRD is projected to be a 8.25% increase.  Historically this projection has been 1 - 1.5% lower that actual valuations that are sent to us in August.

Rationale:  There are no CREP payments.

Rationale:  The O & M crew spent the month inspecting our watershed dams and spraying thistle on other project sites. Installed in signs below Wanahoo dam.  Installed a riser and tile to drain water hole along Wanahoo service road.

Rationale:  The District purchased 17, 725 seedlings and 8 acreage packages from the Bessey Nursery in Halsey.  An invoice from NARD for the seedlings is $11,456.42.

Rationale: 

As of June 25 the income from RV camping at Czechland is 2,527.49.

Staff is recommending adding three additional electrical camper pads and budget for this improvement. See attached aerial photo. Electrical estimate is $3,200.

We spread more white rock on pads, parking areas and around one jetty.

Rationale:  The Lake Wanahoo hay bids were due June 30 at 4:00 pm.  The opening of bids will be during this committee meeting.  The haying period is from July 16 to August 30.

Rationale:  There is $485,000 of NRD funds available to do capital improvements for the Wanahoo SRA ($291,000 from NRDF matched with $194,000 from LPNNRD).  The potential items for using the funds are; Park entrance road $200,000, Playground equipment $175,000, Trail benches $15,000, Surface trail across dam $10,000, Disc golf course $40,000, Drainage improvement on west half of recreation area $15,000.  These items will be discussed and incorporated into the budget for FY 16.

Rationale: 

The Corps of Engineers has developed a new FCSA Agreement between the Department of the Army and Lower Platte North NRD (and Partners). The cost of the study is $550,000 in which the non-federal partners are obligated to $275,000. A motion is needed to sign the FCSA documents and move forward with the study.

A new Amendment to our Inter-local agreement between the District and our partners (Fremont, Dodge County and Inglewood) has been developed and is ready to be sent for signatures to share the cost of the non-federal portion $275,000.

Rationale:  A review of the new fiscal year budget by each department took place.

Rationale:  There are no request for payment.

Rationale: 

We are running ads on the Wanahoo detour this month. 

 Our ad rep at KTIC, Nikki Hagedorn, is leaving for a new job at the end of this month. A new rep has been assigned to handle our account going forward.

Rationale:  NARD will again have a presence in the "Raising Nebraska" building at the State Fair. There have been a number of improvements and enhancements to the building and exhibits this year (see attachment for details). There are volunteer opportunities for anyone who like to help staff some of the stations - you can sign up at http://www.signupgenius.com/go/20f0e4aaaa62ea7fe3-engagement1. 

Rationale: 

This month we will be attending four county fairs in the district. Unfortunately due to an overlap in the exhibit dates for Colfax and Butler Counties, we will not be able to attend the Colfax County Fair this year. 

Dates are:

• Platte County: July 8-12
• Boone County: July 11-15
• Butler County: July 24-27
• Saunders County: July 27-August 3

Rationale:  We have produced signage for the summer Lake Wanahoo detour and a map to the dumps station at the Saunders County Fairgrounds (see attachments). 

Rationale:  The Watershed Education Toolbox group has met twice and outlined several priorities for the project, including identifying numerous educational activities for elementary and high school students. The next step will be to put together sample kits for several activities. 

Rationale: 

We have priced a projector & screen setup to replace the wall-mounted TVs in the board room. It would be very similar to what Lower Platte South NRD uses in their board room. There would be two Epson ultra-short-throw projectors (~$1,360 each) and two Da-Lite Cinema Contour projection screens (~$1,175 each), for a total of $5,070.

The TVs currently used in the board room are 50" diagonally; the screens would be 110". 

Rationale: 

Water Samples were taken on June 24th and we will have results for Board meeting.

June meters were read and bills sent out

The annual Water Quality Reports were sent to all customers and reported to State

Annual audit and budget reports were submitted to State

End of year State reports were completed and submitted.

Looking into new billing software for Rural Water system

Rationale: 

Violation Policy

• Cease and desist orders
• Loss or reduction in water allocation
• Loss or reduction in certified acres
• Loss of well permit
• Loss of variance
• Loss of transfer request
• Loss of chemigation permit
• Loss of cost-share funding
• Second or repeated violations

Members discussed this proposal and asked staff to draw up the wording for the next Water Committee before forwarding it to the LPNNRD attorneys. 

Rationale: 

The District has received one new application for 40 acres. This brings our total to 350 new acres for this year, which will be added to the previous years total or approximately 7,000 acres for review in September for the 2016 allocation.  

Rationale: 

Russ Larson talked to the Committee seeking a variance request for this summer (2015) to allow a neighbor to irrigate Mr. Larson's field in the NE ¼, NE ¼, Section 3, T14N, R8E, Saunders County (Todd Valley Subarea).  The Committee discussed this but took no action.  Therefore, his request will be carried forward for further review in September when all other variances requests will be evaluated.

Rationale: 

The Assessor's office of Saunders County had the entire NW1/4 of Section 2, T16N, R6E (Todd Valley Subarea) of Frank Vech's field as irrigated.  However, during the acre certification process the aerial imagery did not have the corner's as irrigated and Frank Vech signed off that this is correct.  He now wants to buy a corner unit to irrigate those acres, however he will have to obtain an approved variance from the LPNNRD to allow this.

 

Rationale: 

No new applications have been received by the district. We currently have a total of 430 new acres for this year which will be added to the previous years, so the NRD will have approximately 1,500 acres for review in August for the 2016 allocation.

 

Rationale:  No new updates.

Rationale: 

Landowner	Number of Wells	Number of New Irrigated Acres	Type of Well	County	Subarea
Ryan Loseke	1	0	Livestock	Platte	Platte Center (SQS)
Charlie Heavican	1	0	Livestock	Colfax	Octavia
Kevin Ziegenbein	1	0	Irrigation (Replacement)	Saunders	Todd Valley

The total number of approved permits for 2015 is 29

Location of Approved Well Permits for 2015:  Correct as of 6/30/2015

County	Irrigation - New	Irrigation - Replacement	Stock	Commercial	Municipal	Other	Total
Butler	1	2	1	0	0	0	4
Colfax	1	2	1	0	0	0	4
Dodge	3	3	0	0	0	0	6
Boone	1	2	0	0	0	0	3
Madison	0	0	0	0	0	0	0
Platte	3	2	0	0	0	0	5
Saunders	3	3	0	1	0	0	7
Total	11	14	2	1	0	0	29

Rationale: 

Steve Frahm has submitted an application for a new well in the SW 1/4 NW 1/4 in Section 3-T13N-R9E Saunders County (Todd Valley Subarea). The new well will irrigate 65 acres in 3-T13N-R9E and 65 acres in 34-T14N-9E. These acres are currently irrigated with the Corps cleanup water, but Mr. Frahm would like to have the ability to use his own well to irrigate in the event the cleanup water is not delivered. Attached is a map showing the area to be irrigated and the proposed well location.

Since this is within the cleanup area of the US Corps of Engineers, this will be forwarded for their review.

Rationale:  Claire Ehernberger has asked the District to modify well permit LPN-015-1567 from a replacement well for 80 acres to a new well. The well is located in the NW 1/4 of the NW 1/4 of Section 35-T18N-R4E in Colfax County (North Bend Subarea). The new well did not turn out to be as good as planned and they would like to keep the old well to supplement the new well in times of need, and also to irrigate the corners and fill a stock tank from time to time.  Therefore, this would be classified as a supplemental well.

Rationale: 

All the irrigation well sites have been visited by staff.  Following the June 8th Board Meeting letters were mailed to those who hadn’t yet installed their flow meter.  Subsequent field checks show that a few of them now have flow meters installed.  Landowners/producers and their well driller (meters ordered) have been re-contacted regarding remaining sites.  Staff continue to check wells that have not yet installed flow meters.  In place of a 'cease and desist' letter being sent, a letter was mailed to each of these six producers (11 wells) on June 29th asking them to pledge not to irrigate until a meter is installed and to return that document by July 8th (see attached letter).

Rationale: 

The last technical committee met at the Lower Elkhorn NRD on June 18th.  Topics included basin wide water accounting (see attached graphs) and review of Goals and Objectives.  State Statutes imply that the upper basin must assist the lower basin to be in compliance.  The draft of the Basin Plan (at least the first three chapters based on those goals and objectives) should be done in the next few weeks. 

Next Managers meeting July 7 from 10:00 am to noon in Kearney, but exact location to be announced.

Water Banking Workshop July 20 from 11:00 am to 1:00 pm at Platte College in Columbus NE.

Rationale: 

Staff met with Olsson Associates on June 4th to discuss changes to the Water Inventory Study and the V-IMP, which is based on the goals and objectives previously discussed by the NRD Board and the Stakeholders.  Work still needs to be done on the Water Inventory Study, especially the data gap analysis for our Ground Water Energy Level network.  In the original assessment, Olsson just looked at the 2 dimension spacial distribution and didn't consider the different geology of the District.

 

Rationale: 

No additional requests have been received since the last committee meeting.  Oaklund will order kits, bottles, and supplies from HHS and requested kits will be mailed in July.

Rationale: 

Equipment has been delivered to 15 of the 18 producers who had order this year.  Karen has sent Invoice to these fifteen and payment has been received from a couple of them.  One producer has passed away in a farm accident since his order was received.  Aaron Nygren, UNL Extension Educator in Colfax County, and his summer intern have been coordinating the delivery and installation of the equipment.

Rationale:  A demonstration of the SENSE program will be held at the Columbus NE Platte County Fairgrounds on Tuesday July 28, 2015 with a starting time of 6:00 pm.

Rationale: 

2015 is the thirteenth year for this Phase 2 Area.  This area has been reduced from 32 sections to 21 sections.  Staff plan to collect a water sample from a well in each of the eleven sections removed (now in Phase 1 ←, like rest of our district).  Letters with packets have been sent to these landowners/producers that encouraged them to continue to sample their wells for the nitrate content in the irrigation water.  Information contained in these packets were tailored for those whose tracts remain within the Phase 2 area, for those whose tracts lie in the eleven border sections now in Phase 1 and for those with a mix (tracts in Phase 1 and Phase 2).

Rationale: 

2015 is the twelfth year of this Phase 2 Area.  The 55 sections of this area will go into a Phase 3 Area September 1, 2015.  Also effective September 1, 2015, the ten sections immediately north of this area will become a Phase 2 Area.  These sections are:  Township 18 North, Range 2 East, sections 31 to 36; Township 18 North, Range 3 East, sections 31 to 34.  Staff plan to collect water samples from wells in these ten sections and continue sampling of some wells in the 55 sections that will go from a Phase 2 designation to Phase 3. 

A Public Information meeting has been set for Wednesday, July 22^nd, at 7:00 p.m. at the Oak Ball Room in Schuyler, to discuss these upcoming changes with landowners/producers and answer questions.

Rationale: 

There have been three more on-line test requests since the last committee meeting.  Each of these three has completed the test and a certification card was mailed. 

 

Cert #	Cert date	Name	Re-cert	Comments
6522	6/3/2015	Alex Kavan	No	first-time
6523	6/9/2015	Clayton Heavican	No	first-time
6524	6/16/2015	Ryan Preister	No	first-time

 

Rationale: 

So far for 2015, we currently have 420 renewals and 73 new applications for a total of 493 permits.

Summer chemigation inspections are listed below:

	Number to be inspected this summer	Number inspected	Number remaining
Renewal	~140	12	128
New	73	43	30

 

The breakdown, by county for the 73 new chemigation permit applications, are listed below:

• Boone 0
• Butler 11
• Colfax 7
• Dodge  13
• Madison 1
• Platte 15
• Saunders 26

Rationale: 

DEQ has approved the livestock waste permits for:

• Jermemy Janssen / Janssen Tarnov Nursery / 31713 325 Avenue / Columbus NE 68601 in the NE1/4 of the NW1/4, Section 22, T19N, R3W, Platte County (Middle Shell Creek)
• Jess Hough / Little Pine Ridge Feedyard Inc. / PO Box 187 / Bellwood NE 68624 in Section 23, T16N, R2E, Butler County (Bellwood Subarea)  This is for modified construction of waste storage facilities.

 

Rationale: 

No new wells has been reviewed and approved by Gottschalk for decommissioning since the last Committee meeting.

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

Well Owner	Type of Well	Cost Share Estimate	County
Phil Buhman	Irrigation	$666.95	Platte
Goedeken Farms Inc.	Irrigation	$602.48	Platte

 

Rationale: 

No new update

 

Rationale: 

Results from AEM flights from fall of 2014 and spring 2015 are still expected by the end of July.

ENWRA and C&SD are drilling four test holes in our District, see report under monitoring wells and test holes.

 

Rationale: 

Received an invoice for $24,000 from C&SD concerning the drilling and logging of four test holes (see attached).  This is to come from the budget line of Capitol Improvements 162-019 for the current fiscal year. The North Bend test hole collapsed at 300 feet and will have to be re-drilled, likely next week.  

Oaklund and Johannes met with Tracy McConnell of Grosch, N.B. on May 28th, the day after our previous Water Committee meeting, at the site of the monitoring well on Clint’s land.  Tracy was able to run his camera to bottom of this well (120’).  There was reasonably good clarity throughout the column and the screens (bottom 20’) appeared to be in good condition.  The concern had been the relatively flat hydrograph.  The nearest high capacity irrigation well is about ¼ mile northwest and the impact of its pumping is not readily apparent on the hydrograph.  A possible mitigating circumstance is that Taylor Creek is less than ¼ mile east of this monitoring well and/or this well is not hydrologic connection to the irrigation well.  Tracy’s conclusion is that the logger is likely recording the correct water level.  He suggested that we may want to pump this well later this year.  With the corn crop here this pumping would wait until fall, after the corn has been harvested.

 

Rationale: 

Summer GWEL wells within and near both SQS are to be measured in late July to early August.  

Butler-Saunders SQS will have 15 wells

Platte-Colfax SQS will have 29 wells so a total of 44 GWEL wells.  This does not include the irrigation wells within the Bulter-Saunders SQS that landowners have given use permission to measure their well.

 

Rationale: 

Week of June 22nd , 2015 

This week's lake beach bacteria and toxic algae results are now posted on the NDEQ web page (http://deq.ne.gov). 

 

Bacteria

Three lakes tested high for E. coli bacteria this week. E. coli levels measured above 235 colonies/100 ml of sample are considered a higher risk for illness when swimming.  Considering the more rapid changes in bacteria conditions, signs are not posted with these higher levels although we want people to be aware and use their own judgment on their use.

Lakes with High E. coli Bacteria Levels

• Bluestem Lake in Lancaster County
• Medicine Creek Lake in Frontier County
• Valentine Mill Pond in Cherry County   

Rationale: 

Week of June 22nd , 2015 

Toxic Algae

NO LAKES will be on “Health Alert” this week.  It is DEQ policy that any lake that has microcystin levels over the established criterion of 20 ppb will be placed on “Health Alert” Status until such time that it has tested below 20 ppb for two continuous weeks.  If a lake is under a Health Alert, signs will be posted recommending people avoid full body contact activities such as swimming, wading, skiing, jet skiing, etc.  Non-contact activities such as boating, fishing, and camping are OK.  

Rationale: 

The Water Programs budget for FY2015-2016 was handed out for review.

 

Rationale:  The GMDA Summer Session was held June 10-12, 2015 in Coeur d'Alene Idaho.  One of highlights of the conference was a presentation by Orrin Feril of the Big Bend GMD#3 in Kansas dealing with water banking. They look at transfers based on acre-feet of water, not acres, and consider the hydrologic connection to a stream or river, the areal extant of the aquifer and the saturated thickness.  Transfers are not permanent and when your approved amount of water has been pumped, the transfer is done and the water right reverts back to the original land.  In Kansas they have ground water rights, not correlative rights. 

Rationale: 

All three of our summer interns passed the NRD license test in O’Neill last month.  Recently they have been assisting Tyler Benal with chemigation inspections since we have so many new permit applications. 

 

Rationale:  We are currently in the middle of our Summer projects season.  Should have a Wahoo Creek Watershed projects update at next month's committee meeting.

Rationale: 

None at this time.

We will compile Fall approvals for next month's Projects Committee.

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Rationale:  NDEQ has completed their review and forwarded their comments to EA.  EA Engineering will complete the needed changes and then it will be reviewed by EPA's for their concurrence. 

Rationale: 

There has been much time spent on Shell Creek business the last few months.  As previously reported, these activities included working to transition old and new grants to LPNNRD for watershed activities, and continued planning for the Shell Creek Watershed Improvement Group's (SCWIG) eventual future as LPNNRD's advisory subcommittee. It appears that the transition of SCWIG's old Environmental Trust grant to LPNNRD will occur in September.  At some point SCWIG and LPNNRD will need to adopt SCWIG's new operating procedures as they become strictly our advisory group for the watershed.

As you recall we have previously accepted administration of a new $155,000 Environmental Trust grant and a NDEQ-EPA 319 grant totaling $50,000 for the watershed. The NDEQ grant agreement will soon be sent to us for approval.   SCWIG has an existing Environmental Trust grant (totaling about $87,000) that will be used for project design, assist schools with establishing science clubs for creek sampling (Tom Wheeldon), and new watershed signage.  The committee is asked to recommend sending a letter to the Nebraska Environmental Trust to request that we formally accept sponsorship and administration of SCWIG's Environmental Trust Grant and appoint Assistant Manager Mountford as grant administrator to execute necessary documents and paperwork.  

 

Rationale:    

Rationale:  We have been working with JEO and Saunders County to identify future project priorities for the watershed. On June 9th, Mountford and Saunders County Road Superintendent Steve Mika inspected potential grade stabilization and water retention project sites.

Rationale:  We are once again preparing to submit two Regional Conservation Partnership Program (RCPP) pre-applications to the NRCS (as attached) for assistance to build four Wahoo Creek Watershed Structures.  If NRCS feels that either or both of the applications rank high enough, they will request a more formal application(s) for consideration.  RCPP provides 50% assistance on approved projects.  The committee is asked to approve submitting the applications to NRCS. 

Rationale: 

Meghan Sittler was present to review her monthly report which included an update on the biding process for the Two Rivers Pier Removal Project. A contractor site showing was held and the bid opening is scheduled for Thursday, July 9th, at LPSNRD.  We have approximately $1.2 million available in grants and local funding for this project.  

The Kayak tour has been rescheduled for July 21 and Directors Saafeld and Olson plan to attend.  Meghan reported on the Environmental Trust Round-table meeting she attended in Omaha for giving input on the Trust's funding categories.  Mountford attended the session held in Lincoln on June 15th.  A full written Alliance report is expected by the Board Meeting. 

Rationale:  Heimann gave a project update as presented in the O, E & RW committee minutes.

Rationale: 

The Schuyler 205 Shell Creek Levee Project is coming to a conclusion, but the final project closeout is delayed because of the water being pumped for Schuyler's new sewer lift station project.  The Army Corp's is also working to resolve landowner drainage issues caused by the project. 

Rationale:  The Board has approved up to $80,000 toward the Bailey Landowner Levee Project. As part of the project, on July 9, 2014, the Board approved 50% cost-share, up to $3,000 maximum assistance, for hiring an engineer to provide a no-rise certificate that is required.  At that time, the engineers estimate was $6,000, however the actual final expense was $7,239.33 as attached.  The committee was asked to consider paying 50% of the actual invoice, which is $3,619.67.  

Rationale: 

Attached is a $2,459 invoice from JEO for contract work completed on our District-wide All Hazard Mitigation Plan. After this payment, $42,111 will remain on our $126,000 contract.    

As part of the plan process, each participating entity is asked to complete a resolution to formally adopt the plan.  

 

Rationale:  The committee reviewed and gave input to the draft projects budget.

Rationale: 

Over the past four years, there has been water table problems on the Gaughen and Murren ground caused by our Wanahoo wetland.  John's suggestion is to appoint a sub-committee (two board members and one staff person) to look at this and come up with a recommendation.  It was also suggested that Bob Clausen be one of the committee members due to his crop insurance experience.  Chair Bailey appointed directors Clausen and Veskerna to this sub-committee to come up with recommended course of action.

 

Rationale:  Clear Creek Levee segment 4B has been declared  substantially complete by the Army Corp's.  Only ROW markers and gates remain.  Levee segment 5 is almost completely finished with three sets of culverts and rock for the access road remaining.

Rationale: 

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