August 10, 2015 at 6:00 PM - Regular Board of Directors Meeting

Rationale: 

 

14-D-59 Raymond Mitchell Waterway w/fabric checks $ 540.89

Rationale:  The Groundwater Foundation Annual Meeting will be in Lincoln on October 20-22.  This is the first time in recent history that the meeting will be in Nebraska and we hope for a large turnout from local residents and members.  LPNNRD contributed $250 and is listed as a conference sponsor in the program.  We encourage directors to attend.  Registration is $355 with a $60 discount if registered by September 1 so we encourage early registration.  There are also tour choices before and following the conference for those wishing to participate.

Rationale: 

Directors are reminded that NARD Fall Conference is September 28-29 in Kearney.  Please let Jill know if you wish to attend so that registration and rooms reservations can be made.

For those wishing to attend there are two events that occur on September 27: 1.) the Ron Bishop Memorial Golf Tournament and 2.) the NARD Fall Conference Shoot (trap shoot).  Information brochures have been emailed to all directors.

Rationale:  Attached find Excuse of Absence forms from Directors Birkel and McDermott for the June Board Meeting.

Rationale:  Bob is planning to be in Nebraska the first week of August and we will conduct our monthly call/meeting at that time.  He is planning to spend time in each of the three NRDs to view projects, in our case Wanahoo, Schuyler, Fremont and Clear Creek. Attached is his monthly report.

Rationale:  Simone Rock from HDR will give the education program that is an update on the Basin Water Plan.

Rationale: 

Attached find the Renewal Coverage Proposal for our 2015-16 Pool Year with LARM that begins October 1.  To formalize acceptance of the proposal we need to approve the attached resolution, however two major decisions need to be made along with this acceptance.  1.) Do we want to have our notice of termination be 90 or 180 days and 2.) Do we want to commit to LARM for one, two or three years.  There are financial incentives to lengthen both these, see attached LARM Discount Spreadsheet.  

LARM has been very accommodating and we have had no problems, however we have not had any major claims in the past year to judge against this.  What we do know is comparing 2014 to 2016 our premium is $26,000 less (30%).

Clausen (our LARM representative) and Miyoshi have reviewed the proposal and recommend the 180 day termination notice and either a two or three year contract length.

Rationale:  In the past we have supported the NARD Foundation Auction with an item costing $100- $150.  As the benefit auction continues to expand we should consider increasing our donated item to $250.  We can do this by motion or the Executive Committee can direct management to carry this out if an increase is desired.

Rationale:  Attached find a note from Lausterer that CCEI is pressing for recovery of interest lost during appeal of the case in the amount of $8,558.  His suggestion is to pay this amount with the stipulation that no other fees or charges will be asked for.

Rationale: 

Last month our education program was on our election costs.  The cost for the 2014 general election was $28,473.13 and would have been reduced by $19,017.91 if we voted by sub-district instead at large.  There would also be savings at the primary election.  

Unfortunately to vote by sub-district would require us to be at a one to one ratio, meaning the population of our smallest to largest sub-district would need to be within 10% (1 - 1.1 ratio).  At the 2010 census we were at a 1 - 2.73 ratio (state statute allows up to a 1 - 3 ratio.

 If we maintain a 19 member board going 1 to 1 would require us to have a third subdistrict in Fremont (currently two) with the remaining six (currently seven) each becoming geographically larger.  The largest change would occur in Colfax County where most of the county would join Platte, Boone and Madison and smaller areas divided between rural Dodge and Butler Counties.

The Executive Committee felt we should make no changes to way we currently elect board members.

Rationale:  It is time to pay our annual Dues to NWRA (National Water Resources Association) that are $1,950.

Rationale:  We should receive our first quarter NRDF payment for our Sand Creek Project that should go towards our Union Bank Note that is expected to be just over $150,000.

Rationale:  Jeff Fassett the new Director of DNR is set to begin work on August 3.  Jeff comes from Wyoming and has an impressive resume in the water arena.

Rationale:  We previously approved the Nebraska Educational Television NRD Video Project that is being coordinated by NARD.  Attached find a letter from Dean Edson with more detail on the project and to inform us that the cost has gone up from $3,000 to $3,710 per NRD.

Rationale: 

At the last board meeting a question came up concerning electronic voting at board meetings.  Lausterer checked with the Nebraska Attorney General's Office who continues to maintain their current opinion that NRD boards cannot utilize electronic voting at board meetings.  Nebraska statutes contain a section that allows such voting by a municipality, a county, a learning community, a joint entity pursuant to the Interlocal Cooperation Act ...  The statute does not specifically name NRDs, even though the intent appears to be there to allow all political sub-divisions this option.  Lausterer's recommendation is that we do not use electronic voting.  If we are serious about this option we could send a resolution to NARD asking for legislation to include NRDs on the list for those who can vote electronically at board meetings.

 

Rationale: 

The Yutan Volunteer Fire Department mans a Water Rescue Team.  Through Mutual Aid this team is available to many of the Fire and Rescue Departments in this portion of the state.  Our staff meets with this team and local law enforcement agencies on a bi-annual basis to prepare for water emergencies.  The team has used Lake Wanahoo as a practice area to be better prepared if they are ever called for assistance.  Attached find a letter of request asking for assistance to purchase a water rescue boat.  The cost of the boat is $49,750.

The Executive Committee asked staff to find out who Yutan has mutual aid agreements with and see if a water rescue boat would qualify for use of hazard mitigation funds.

Rationale:  Update from Legal Counsel.

Rationale: 

Over the past six months we have worked to make the Shell Creek Watershed Improvement Group (SWIG) a sub-committee advisory group to LPNNRD.  If the board approves the Projects Committee recommendation this will occur in August.  One of the key needs is to continue the SWIG Coordinator position.  SWIG established a Coordinator position several years ago to organizing meetings, provide grant and program administration along with a host of other management and clerical duties. LPNNRD has effectively teamed with the coordinator to organize and advance SCWIG activities and needs.  

The position has been funded by NDEQ and NET grants and has proven to be an effective means to help accomplish SCWIG business.  LPNNRD has accepted management and responsibility for SCWIG's existing NET grants and would like to continue the coordinator position to assist with SWIG activities and grant administration.  Melissa Foreman has been the coordinator for several years (housed at the Columbus NRCS office) and our desire is to establish a part-time Shell Creek Coordinator position at LPNNRD and hire her to continue with these duties.  The part-time position will average about 20 hours per month (up to a maximum of 40 hours) and our intention is to continue funding the position through existing grants.

A draft LPNNRD "Shell Creek Watershed Coordinator" Job Description is attached that was modeled from the SWIG Position Description.

Rationale: 

The previous agenda item created the Shell Creek Coordinator Position and explained how Melissa Foreman has been a key person to make SWIG successful. SWIG members have stressed the importance of keeping Melissa as part of the team to smooth the transition of SWIG to an LPNNRD Advisory Group.

Melissa's current rate of pay is $19 per hour with no benefits.  Management supports the SWIG recommendation to hire Melissa.

Rationale:  The June Financial Report will not be finished until completion of our annual audit with the field work portion of the audit occurring the first week of August.

Rationale:  The Budget workshop is set for Wednesday, August 5th at 5:00 p.m. and Budget Hearing for Monday, August 10th at 5:00 p.m.  (one hour prior to Board Meeting).  If there are no major changes to the budget that come forward at the budget hearing it would be proper to approve the FY16 LPNNRD Budget pending setting the tax rate that will occur in September.

Rationale:  One CREP payment of $72.16 for Tim & John Gronenthal Trust in Platte County on 4.4 acres.

Rationale:  The O & M crew helped plant numerous trees on the Wanahoo Rec area.  The trees were from the Arbor Day Foundation.  Also watered many or all the trees at the Wanahoo SRA.  We also shredded some problem areas. Checked wetland drop structures below some of the Sand/Duck Creek structures.  We will start our shredding circuit on levees and ditches in August.  Also, miscellaneous vehicle and equipment maintenance.  The summer interns are working on water sampling and chemigation inspections.

Rationale: 

The Saunders County grass drill at Rezac Seed brought in $2,132.93 from March - June.

The Platte County drill at Mueller Seed Farm brought in $897.50 for the first half of the year.

The Colfax County drill at Schuyler Co-op last fall brought in $170 and the first half of this year $1,314.

The total for the three drills during the first half of 2015 is $4,344.43.

 

Rationale:  The two cooperators have not started haying the Wanahoo grasslands, they both are waiting for more growth. They will start in August and they must finish by the 30th.

Rationale: 

The Feasibility Cost Share Agreement (FCSA) has been approved and signed by both the NRD and the COE, the Corps is asking for a payment of $100,000 in August. (See attached Request)

The Corps will also ask for $100,000 in September and the remaining $75,000 in the Spring of 2016.

Staff has sent our partners (Fremont, Dodge County, & Inglewood) a letter and Amended Inter-Local agreement requesting payment from each.  The payment percentages are 12.10%, 10.85% and 2.05% respectively.

Rationale:  The Lower Platte Weed Management group is planning on having the helicopter spray for invasive plants (predominately Phragmites) along the Platte River and other locations in early September.  Our District may have them spray some areas around Wanahoo to control Willows & Cottonwood along with some Phragmites.

Rationale:  Staff is working with NRCS (Ken Kotera) on plans, and quantities to renovate Bellwood 3-B.  The water in the structure has been lowered with the hope that work can be accomplished this fall/early winter.  Cattle and wave action has deteriorated the face of the structure.  The landowner is working with us well.

Rationale:  Review of budgets for Operations & Maintenance, Information/Education and Rural Water Systems.  Director Budget Workshop is August 5, 5:00 pm.

Rationale:  No request for payments.

Rationale:  Currently we're running ads promoting outdoor recreation. Our new ad rep for KTIC, Austin Anderson, stopped by the office to introduce himself. 

Rationale:  Our last county fair of the season, Saunders County, is happening now. We previously attended the Platte, Boone, and Butler County fairs. 

Rationale:  Thompson attended the Association of Conservation Information's annual conference in Flagstaff July 13-17. It was another excellent conference with a lot of useful ideas and information - see attached report. 

Rationale:  Work is continuing on the Watershed Toolbox with Extension and other NRDs. A watershed map and activity sheet template is being developed that can be customized for any NRDs that wish to use it. Next up will be developing activity kits for 5 watershed-themed educational activities. 

Rationale:  LPN will be hosting the Area 5 Range Judging Contest on September 23. NRCS will locate a site and conduct the field portion of the contest. The NRD will handle registrations, scoring, and general organization. Registrations will be going out to schools in mid-August. 

Rationale:  Projectors to replace the board room TVs were approved at last month's Board meeting. Instead of purchasing screens, we will be using projection paint on the east wall of the Board room and using a screen donated by Joe Birkel on the west (carpeted) wall. 

Rationale: 

- July water samples taken and delivered to State lab

- Meters have been read and billings prepared to be sent

- O & M crew have replaced pin in large trencher and preparing for possible sale

- Will be scheduling meeting with Wahoo Water Dept. regarding billing software and hardware

- Plan to exercise Colon Fire hydrants in August

- All July State reporting has been submitted

- Identified continuous leak issues on Colon system

Rationale:  Following review by the Water Committee, the second draft of the LPNNRD violations policy is attached.

Rationale:  The District received one application for 10 acres since the last Water Committee Meeting.  September 15th is the deadline for variance applications in the Hydrologically Connected Area (Limited Development Area).

Rationale:  The district did not receive any new applications since the last Water Committee meeting.  August 15th is the deadline for new variance requests in the Non-Hydrologically Connected Area (Normal Development Area).

Rationale:  No updates.

Rationale:  Wells Permits Approved: 3

Landowner	Number of Wells	Number of New Irrigated Acres	Type of Well	County	Subarea
Colleen F Wachal	1	0	Replacement (Irrigation)	Colfax	Schuyler
Steve Frahm	1	130	New (Irrigation)	Saunders	Todd Valley
NDOR	1	0	New (Dewatering)	Saunders	Wann

The total number of approved permits for 2015 is 32


Location of Approved Well Permits for 2015:  Correct as of 7/29/2015

County	Irrigation - New	Irrigation - Replacement	Stock	Commercial	Municipal	Other	Total
Butler	1	2	1	0	0	0	4
Colfax	1	3	1	0	0	0	5
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	4	3	0	1	0	1	9
Total	12	15	2	1	0	1	32

Rationale: 

Sandy Pointe Development has submitted two applications for Public Water Supply (PWS) wells in the NE 1/4 SE 1/4 Section 24-13-9E and SE 1/4 SE 1/4 Section 13-13-9E of Saunders County, Wann Subarea. The new wells will pump 300 gpm estimated water use was not provided, but the lake is planned to have approximately 190 lots.  The plans call for a third PWS well once the development becomes more populated. 

 

Attached are section maps showing the location of the two wells, and the test hole logs provided by Sargent Irrigation on behalf of Sandy Pointe Development.

Rationale:  Terry Beller has submitted a well permit application for a new livestock well in the SE 1/4 SW 1/4 Section 13-20-4W in Platte County, Lower Newman Grove Subarea. The stock well will be used to keep cattle cool during the hot summer months. The well will pump 350 gpm and is estimated to pump 1,440,000 gallons annually.  The feedlot peaks at 5,200 head of cattle.

Rationale: 

Brach Johnson has applied for a new well to irrigate 32.8 certified irrigated acres in the NW 1/4 of the NE 1/4 of Section 7, T18N, R2E Colfax County, Shell Creek Uplands Subarea.  This field is also located in the Platte-Colfax Special Quantity Subarea. The owner of the current well (Bryce Grotelueschen), and Mr. Johnson have had a falling out which has led to the submission of a new well permit. 

Attached is a map of the field in question, a letter submitted by Mr. Johnson, and the well log from well G-157921.

Clint Johannes sold this property to Brach Johnson and Clint says this land has never been irrigated.  The Committee took no action until this can be further reviewed.  

Chris Poole reviewed this situation and found that Johannes is correct.  The original well permit for Bryce Grotelueschen listed 133 acres in 2010 but the NW 1/4 of this section was not irrigated within the one year time limit of the well permit and the well registration has not updated within 60 days as required by DNR. The acre certification will be modified for both landowners to address the correct situation.

Brach Johnson was informed of the situation and he can still apply for a variance request, however since this land is in the Platte-Colfax SQS area, there is little likelihood that this will be approved.

Rationale: 

Recent rains have delayed the summer ground water energy level readings in the SQS areas.

Johannes informed staff that the Platte - Colfax SQS area has not been getting as much rain as other parts of the district and therefore some pivots have been running.

Rationale: 

The last Water Banking workshop was held on July 20, 2015 at the Community College in Columbus.  For more information visit the website: //dnr.nebraska.gov/LPRBC 

The next Technical Committee is scheduled for August 11, 2015 in Ord and water banking will still be the focus.

Rationale: 

Still waiting on update of the Water Inventory Report.

Olsson Associates has submitted an invoice for $1,448.13 for services rendered to July 4, 2015.

	Total to Date
Total Billings	$140,374.47
Contract Amount	$174,700.00
Contract Remaining	$34,325.53

 

Rationale: 

2014 is the twelfth year of this Phase 2 Area.  

On September 1, 2015 a total of 11 sections will be removed from the Bellwood Phase 2 management area due to slowly declining nitrate-nitrogen concentrations in the groundwater (see attached map).

Rationale: 

2014 is the eleventh year of this Phase 2 Area.

Special education class was held at the Schuyler Oak Ballroom on Wednesday July 22, 2015 starting at 7:00 pm.  Topics covered the improving situation in the Bellwood Phase 2 area (lower nitrate-nitrogen levels in the aquifer) and the disappointing situation in the Richland-Schuyler Phase management area where nitrates are slowly rising and the area is getting larger.

On September 1, 2015 the existing Richland-Schuyler area will move from Phase 2 to Phase 3 and the ten sections on the northern edge will move from Phase 1 to a Phase 2 management area (see attached map).

A demonstration of the SENSE program was held on July 28, 2015 at Columbus Ag. Park.  Approximately 12 producers attended and 4 LPNNRD directors were also in attendance.

Rationale: 

Staff has been working with Edward Duda and Sue Healey on a potential issue involving James Barta installing drain tile in a field near Linwood in Butler County.  Drainage of this water would cross unto their property and therefore could limit access to their fields .  

The LPNNRD lacks any real authority in this matter and therefore a possible civil suit between landowners maybe the only recourse. 

Rationale: 

So far for 2015, we currently have 420 renewals and 92 new applications for a total of 512 permits.

Summer chemigation inspections are listed below:

	Number to be inspected this summer	Number inspected	Number remaining
Renewal	~140	99	41
New	92	87	5

 

The breakdown, by county for the 92 new chemigation permit applications, are listed below:

• Boone 1
• Butler 11
• Colfax 7
• Dodge  18
• Madison 1
• Platte 17
• Saunders 37

Rationale:  No new livestock waste permits from DEQ since the last Water Committee meeting.

Rationale:  One new well has been reviewed and approved by Gottschalk for decommissioning since the last Committee meeting (see attached file).

Rationale:  One well has been plugged, reviewed, and ready for cost share payment approval this month (see attached file).

Well Owner	Type of Well	Cost Share Estimate	County
Jane Stara Revocable Trust	Irrigation	$943.11	Butler

Rationale:  Staff continue to sample wells in the Statewide Network and Phase management areas.

Rationale:  Budget for the Water Committee was handed out and reviewed by the Committee.

Rationale:  No members from the Public were present.

Rationale:  None

Rationale:  Johnathon Temme Boone County Trees $ 212.63

Rationale:  None

Rationale: 

Helen Brabec Basins/Tile $ 5,015.50

 (This payment should bring us very close to our $ 75,000 matching funds for Czechland, in-lake project)

Rationale:  None

Rationale:  None

Rationale: 

Wahoo Creek Watershed Payments:

Gregg Fujan Terraces/Tile & Basins $ 5,320.67

Martin Barry Terraces/Tile $    303.89

Don Furasek Terraces/Tile & Waterway $    729.87

TOTAL: $ 6,354.43

Rationale:  Over the last several months we have been working toward making the Shell Creek Watershed Improvement Group (SCWIG) devolve as a separate entity and become an advisory sub-committee to LPNNRD.  As part of this process, we have accepted sponsorship of SCWIG's existing Nebraska Environmental Trust (NET) grant and are also sponsoring their new grant.  In February, Jovan Lausterer outlined several steps (attached) that should be taken for making SCWIG strictly our advisers and be covered under our liability insurance.  We need to formally appoint SCWIG as our advisory subcommittee, formally ratify the draft set of policies for the group, and affirm SCWIG's Chair and Co-Chair.     

Rationale:  The Shell Creek Watershed Improvement Group established a Coordinator position several years ago to work closely withthe  group, organizing meetings, providing grant and program administration and provide a host of other duties. LPNNRD has effectively teamed with the coordinator to organize and advance SCWIG activities and needs.  The position has been funded by NDEQ or NET grants and has proven to be an effective means to help accomplish SCWIG business.  LPNNRD has accepted the responsibility for SCWIG's existing and recent NET grants and would like to continue with the coordinator position to assist with Shell Creek activities and grant administration.  Melissa Foreman has been the coordinator for several years now (housed at the Columbus NRCS office) and our desire is to establish a part-time Shell Creek Coordinator position at LPNNRD (job description attached) and hire her to continue with her duties.  The part-time position will average about 20 hours per month (up to a maximum of 40 hours) and it is intended to continue to fund it through grants.  Her current rate of pay is $19/hour, with no benefits.   The Executive Committee will be addressing this issue and will bring forth a recommendation to the Board.

Rationale:  Gottschalk and Mountford met with JEO and Saunders County (Steve Mika) on July 23 to review and prioritize potential grade stabilization and dam sites in the Wahoo Creek Watershed.  We will be working with JEO and NRCS to put together new grant applications for Wahoo Creek to fund a grade stabilization structure and a small dam.  We are also looking to apply for additional grant funding for landowner conservation practices and for our Lands for Conservation Program.

Rationale: 

There were two companies that submitted bids for the obstruction removal at Two Rivers-Hawkins Construction and Valley Corp.  Hawkins Construction submitted the low bid of $1,125,940.37.  Valley Corp's bid was significantly higher at $2.7 million.  Olsson Associate's estimate for construction was $1,102,000.  We currently have $1,204,000 on hand between NRD funds and grant funds.  Approval of the low bid was approved by LPSNRD's subcommittee and Board next Wednesday, June 15th and things are moving forward.  Construction can begin on August 15th.  The Corps approved the plans from Hawkins and the pre-construction meeting is Thursday, July 30, (today) at 9:00 am at Two Rivers.  Hawkins construction schedule is attached.

The Kayak Tour went very well. They had 37 participants and 5 speakers (including Meghan).  Speakers included the Lower Platte Weed Management Area; Nebraska Game and Parks Non-game bird program; the Daugherty Water for Food Institute; UNO’s Nebraska Watershed Network; and the Nebraska Land trust.  Lon Olson and Don Veskerna participated.    

Meghan has started working on several grant applications related to the water quality management plan implementation that will be submited in September.  

The Quarterly Meeting is Tuesday, August 4^th at 9 a.m. at Mahoney State Park (agenda attached).

 Meghan will submit a full written report for the Board Meeting.

  

Rationale:  As reported a the O, E, & RW Committee Meeting, the Feasibility Cost Share Agreement (FCSA) has been approved and signed by both the NRD and the COE, the Corps is asking for a payment of $100,000 in August. 

The Corps will also ask for $100,000 in September and the remaining $75,000 in the Spring of 2016.

Staff has sent our partners (Fremont, Dodge County, & Inglewood) a letter and Amended Inter-Local agreement requesting payment from each.  The payment percentages are 12.10%, 10.85% and 2.05% respectively.

Rationale: 

Mike Murren reported the following: 

The City of Schuyler is looking for a Contactor to install drainage pipe on the Jedlicka property, and minor grading near QC supply.

TJC has finished final grading on the Jedlicka property. 

No date has been set for a final inspection.

Attached find a white paper summarizing the history of the Schuyler 205 project and the design investigations. 

Rationale:  Our District-wide All Hazard Mitigation Plan has been officially adopted by NEMA/FEMA and we are moving into implementation.  Becky Appleford with JEO was present to give details on our completed plan.  

Rationale:  Mike Chvatal is interested in repairing a small old dam located above our Cottonwood Creek Floodwater Dam Site 21-A, near Malmo.  Earlier this year, Mike purchased 80 acres above this site and is evaluating options for restoring the small dam (a portion of the embankment has been washed out) which would act a a silt trap above the larger dam.   In the past, LPNNRD has given priority to conservation practices located above our dams, so this request is being investigated.   We normally do not provide funds for dam repair, but under certain circumstances we have done so.   In this case, it appears that this old was not a structure designed by NRCS and it appears to have been a landowner project where an earth embankment was built with no tube.  Mike is working with a contractor to get a rough cost estimate, but it questionable if we will have any involvement. For LPNNRD to be involved, it appears that the best route may be for Mike to apply for EQIP or SWCP funding to build a new structure designed by NRCS.  Mr. Chavtal may attend the September 3rd Projects Committee Meeting to discuss this project. 

Rationale: 

LPNNRD has approved allowing a portion of the Wahoo to Lake Wanahoo trail to be located on our property with the direction that the trail be located near the south and west boundary just below Lake Wanahoo Dam.  Curt Hohn has requested that the trail footprint be relocated to a diagonal alignment as shown on the attached map.  Both city officials and NRD staff support the new alignment as there will be a cost savings to the project, grade (percent slope) will be reduced and drainage will be easier to accommodate.  Landowners Curt & Sandi Hohn and Kevin Stuhr, City of Wahoo, were present to support the proposed new trail alignment 

 

 

Rationale: 

Mike Murren reported the following: 

Segment 4B

The Army COE will conduct a final project inspection on Wednesday, August 5th at 1:00 p.m.

Contractor is finishing fencing, installing gates and restoring the temporary easement area.

Segment 5

The following items are left to be done:

1) Installing Culverts

2) Road Surfacing

3) Gate Installation

4) Levee Surfacing

Contractor will be working at Camp Ashland staring August 10th  

 

 

Rationale:  We have received all necessary paperwork from Newman Grove Public Schools for reimbursement on water testing supplies and sampling equipment for sampling Shell Creek.  

Rationale:  The Newman Grove Science Club is requesting assistance on the purchase of a new LaMotte SMART3 Colorimeter.  Attached find a quote of $958.50 from Forestry Suppliers.