October 12, 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:  The annual GMDA Conference is in Sacramento, CA January 5-8.  We normally limit attendance to two directors and two staff at out of state meetings, however Larry Angle (GMDA Vice President) is in charge of the conference this year and extra staff are needed to help run the conference.  It would also be great to approve attendance of additional directors to add to the Nebraska flavor the conference will have.

Rationale:  The monthly Weaver conference call will be held the week of October 5.

Rationale:  It was suggested to show the NARD Foundation Video that was shown at Fall Conference earlier this week.

Rationale:  Last month we approved moving forward with allowing Wahoo to place a sign on NRD property.  Attached find a draft copy of the agreement.

Rationale:  Attached  is a modified sheet forwarded from Lausterer to assist with going into Closed Session.  The purpose of the sheet is to make sure we follow statute when going into Executive Session.

Rationale:  September 18 was Mike Almond's last day of work with us.  Attached find a sheet that shows the hours of annual leave that are owed to him.

Rationale:  Resumes for our open Accountant position are due on October 5.  We may have a recommended candidate by board meeting.

Rationale:  Resumes are due by October 5 for our vacant I & E position.  We may have a candidate by board meeting.

Rationale:  The Audit Committee and Executive Committee are set to meet with HBE just prior to the Executive Committee Meeting to review the annual audit.  In the past we have had our accountant give the condensed report to the full board.  Who should we assign this to this year?

Rationale: 

There are two CREP Contracts for Mohrman Farms in Platte County.  A contract for 5 acres which is paid $90.90 and the other 1.1 acres to be paid $20.68, for a total payment of $111.58.

 

We are currently accepting bids for tree removal at Homestead Lake.  Bids are due Friday, October 9th and will be considered at the October Board meeting.

Rationale:  The O & M Crew completed all shredding for Drainage Districts, Clear Creek and the Schuyler Shell Creek levee were completed.  Staff also placed a load of rip-rap on the tip of the southeast jetty at Lake Wanahoo.

Rationale: 

Bids to renovate Bellwood 3-B were due Tuesday, Sept. 29th at 2:00 pm.  Bids were opened by Karen Rezac, Bob Heimann and Joe Proskovec was present.  Bid documents are attached for the committee to review and can accept a bid to perform the project repair on this watershed dam.

Three bids were received by Cuba Construction $51,000, Kohl Construction $61, 326 and Proskovec Earthmoving $96,708.

Rationale:  The haying by Daren Sutton is complete on Wanahoo.  There are bales remaining to be removed in a parking lot below the dam. He is suppose to inform the District of the number of bales and tons by Committee meeting. Staff had counted approximately 570 bales.

Rationale: 

Staff met with Game & Parks representative Jim Swenson, Superintendent J. Gabel to discuss ideas and partnerships in capital improvements on the area, such as playground equipment, fish cleaning station, sand volleyball, dump station, educational nature trail, and trail across the dam.

A financial meeting will occur after the first of the year.

The season has gone very well at the District's recreation areas.

Rationale:  The aerial spraying on the Platte River, Wanahoo, & Rawhide Ditch is completed.  Aerial photo's are attached of the areas sprayed.  One area on the Platte River was done for the Contractor on the Western Sarpy Clear Creek Levee Project.  The District will pay that invoice and Contractor Klocke Inc. will reimburse the District. 

Rationale: 

The COE has started the process & notified the City of Fremont that they will start soil sampling in the area of the old landfill south of Emerson Lake.

Staff will arrange a meeting with the partners. Discussion will be on possible financial situations for construction cost and who will take over ownership of the Farmland, Fremont and Railroad Drainage District.

Rationale:  Angle and Oaklund are preparing a radio ad for the SQS area in Platte/Colfax counties.

Rationale:  Area V Range Judging Contest was held at Camp Moses Merrill on Wednesday, September 23rd.  We had around 200 students from 11 different schools attend the contest.  The NRCS handled the judging sites and LPNNRD was in charge of scoring the.  It was a very successful event, due to all the great volunteers. 

Rationale: 

The Nebraska Department of Education, with the help of the Nebraska Public Power District, is developing a statewide initiative called the Nebraska Green Schools program. This environmental service-learning program inspires students to take personal responsibility for improving the environment at their school, at home, and in their community. 

Nebraska Department of Education is looking for Program Partners for this new initiative. Program Partners will provide resources, expertise, and/or funding to schools who participate in the NE Green Schools Program. The program will have three levels of certification and we will align Program Partners with the investigations that are associated with their organization’s mission and goals.

If we are willing to join in this initiative and become a Program Partner, we need to contact Jennifer Swerczek by October 2nd.  We would need to provide what type of resources, expertise, and/or funding we would be able to contribute. If you are unsure at this time, the Department of Education can provide us with ideas, examples and more information about the program. 

Rationale: 

- Have been in contact with "Asyst" to begin setting up our new billing software and reader device.

- We are preparing Case trencher for sale.  Will be listed on Craigslist initially.

 

Rationale: 

- Meters were read and bills are being generated

- Majority of fire Hydrants were exercised and are scheduled to be done on an annual basis.  Remaining hydrants will be exercised this month

- Water samples were taken and delivered to State lab.  Results should be back any day

- Purchased and have stockpiled 98' of 15" PVC casing for placement beneath Wanahoo drive.

- Have had 2 individuals contact me this month with questions regarding hook-up to Colon line.

Rationale: 

- Meters were read and bills are being generated

- Samples were taken and submitted to State.  Should have results any day.

- Will be marking line west of Bruno next week for Diggers hotline

Rationale:  No update this month.

Rationale: 

Updated Violations policy from Jovan Lausterer is attached.

Also attached is a correlation between the GWMA Rules and the Violations policy.

Rationale: 

All applications for the 2016 allocation have been ranked and can be viewed on the attached list. The Water Committee recommended 2,420.85 acres for approval for the 2015 allocation. The Board can approve up to 2,500 acres each year in the Hydrologically Connected Area under the current Rules & Regulations.

The last two requests had a tie score of 385, but the LPNNRD can only award one of these.  Committee members suggested that both individuals be contacted and see if they can come to some agreement.  The 65 acres requested by Ronald Sladky are in the Swedeburg subarea (Restricted Development Area) but within one mile of the border with the Weston subarea.  Following LPNNRD policy, letters should be sent to adjacent landowners letting them know of the request and that they may testify for or against this application.

Rationale:  Approval and denial letters will be sent out Friday October 2nd.

Rationale:  Wells Permits Approved: 1

Landowner	Number of Wells	Number of New Irrigated Acres	Type of Well	County	Subarea
Kristopher Kavan	1	0	Irrigation (supplemental)	Saunders	Todd Valley

The total number of approved permits for 2015 is 36
Location of Approved Well Permits for 2015:  Correct as of 9/2/2015

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	1	0	0	0	6
Saunders	5	3	0	1	0	3	12
Total	14	15	3	1	0	3	36

Rationale:  We need to start thinking about the acre-inch allocation for the Platte - Colfax SQS area.

Rationale: 

The next technical committee will meet at the LENRD on October 7, 2015.

A special LPRBC sub-basin meeting will be held October 14, 2015 at Mahoney Park starting at 12:00 noon. NRD's attending will be Papio, LPN, and LPS.

 

Rationale: 

Olsson Associates will present updates to the Water Committee dealing with our V-IMP.

Received an invoice from Olsson Associates for work done up to September 5, 2015.

• Invoice amount = $1,774.36
• Amount to date including this invoice = $147,179.10
• Total amount on contract = $174,700.00
• Amount remaining = $27,520.90

Rationale: 

A total of 325 kits have been mailed out so far, including the request for five which were mailed September 30, 2015.  The results for 301 samples have been received and mailed to producers.  At present there are no samples pending at HHS Lab in Lincoln, but sixteen kits remain outstanding with producers and all of these producers have been contacted.

 

Rationale: 

2015 is the thirteenth year for this Phase 2 Area.  Earlier this year this area was reduced from 32 sections to 21 sections - to be in compliance with Section G Ground Water Quality Management Area - Phase Two Rule 1 Phase Two Criteria.

 

2014 is the twelfth year of this Phase 2 Area.  

Year	Nitrate-nitrogen Range	Percent Nitrate-nitrogen 0 to 8.0 ppm	Percent Nitrate-nitrogen 8.01 to 10.00 ppm	Percent Nitrate-nitrogen greater than 10 ppm
2004	0 to 25 ppm	46.3% (44 of 95)	8.4% (8 of 95)	45.3% (43 of 95)
2005	0 to 25 ppm	47% (44 of 94)	15% (14 of 94)	38% (36 of 94)
2006	0 to 24 ppm	41% (29 of 71)	14% (10 of 71)	45% (32 of 71)
2007	0 to 31 ppm	48% (48 of 100)	9% (9 of 100)	43% (43 of 100)
2008	0 to 28 ppm	53.75% (43 of 80)	7.5% (6 of 80)	38.75% (31 of 80)
2009	0 to 22 ppm	45.5% (41 of 90)	15.5% (14 of 90)	39% (35 of 90)
2010	0 to 35.7 ppm	48.65% (54 of 111)	11.71% (13 of 111)	39.64% (44 of 111)
2011	0 to 26.6 ppm	51% (56 of 110)	6% (7 of 110)	43% (47 of 110)
2012	0 to 28.9 ppm	57% (61 of 107)	9% (10 of 107)	34% (36 of 107)
2013	0 to 25.8 ppm	50% (53 of 107)	9% (10 of 107)	41% (44 of 107)
2014	0 to 22.3 ppm	51% (55 of 108)	13% (14 of 108)	36% (39 of 108)
2015	0 to 32.3 ppm	46% (30 of 65)	8% (5 of 65)	46% (30 of 65)

Staff collected thirteen water samples from wells in the eleven sections removed (now in Phase 1 , like most of our district):  thirteen nitrate samples [range of 0.00 to 15.8 ppm; seven were 0 to 8 ppm; one in 8.01 to 10 ppm; and five were > 10 ppm] and one pesticide sample [all 25 constituents were <RL>].

 

Rationale: 

2015 is the twelfth year of this Phase 2 Area.  The 55 sections of this area went into a Phase 3 Area to be in compliance with Section H Ground Water Quality Management Area - Phase Three Rule 1 Phase Three Criteria (effective September 1, 2015).  [Section H of our Rules & Regs is included below the table.] 

 

Year	Nitrate-nitrogen Range	Percent Nitrate-nitrogen 0 to 8.0 ppm	Percent Nitrate-nitrogen 8.01 to 10.00 ppm	Percent Nitrate-nitrogen greater than 10 ppm
2004	0 to 47 ppm	30% (42 of 139)	10% (14 of 139)	60% (83 of 139)
2005	0 to 120 ppm	31.3% (74 of 236)	10.2% (24 of 236)	58.5% (138 of 236)
2006	0 to 53 ppm	28% (50 of 181)	14% (26 of 181)	58% (105 of 181)
2007	0 to 99 ppm	32% (75 of 231)	10% (22 of 231)	58% (134 of 227)
2008	0 to 46 ppm	28% (53 of 190)	12% (23 of 190)	60% (114 of 190)
2009	0 to 57 ppm	33% (72 of 216)	6% (13 of 216)	61% (131 of 216)
2010	0 to 57.5 ppm	31% (70 of 229)	7% (15 of 229)	62% (142 of 229)
2011	0 to 65.8 ppm	28% (67 of 241)	9% (21 of 241)	63% (153 of 241)
2012	0 to 52.6 ppm	29% (70 of 241)	9% (21 of 241)	62% (150 of 241)
2013	0 to 94.0 ppm	25% (63 of 252)	9% (23 of 252)	66% (166 of 252)
2014	0 to 101.0 ppm	27% (68 of 251)	9% (22 of 251)	64% (161 of 251)
2015	0 to 53.3 ppm	22.37% (51 of 228)	12.28% (28 of 228)	65.35% (149 of 228)

 

Section H Ground Water Quality Management Area - Phase Three

Rule 1 Phase Three Criteria

Phase Three Areas will be established when the MCL/LHAL is exceeded (>100%). Phase Three

trigger levels range from 10.01 parts per million or greater for nitrate-nitrogen, with other

human-induced non-point source contaminants, based upon greater than 100% of the Maximum

Contaminant Levels (MCL) or Lifetime Health Advisory Levels (LHAL). Within the same

ground water reservoir, boundary setting for Phase Three Areas will be initiated when: water

quality analytical results within a minimum 9 square mile area are at identified trigger levels for a minimum of 2 sampling events. The area must contain a minimum of 10 registered wells and

contaminant trigger levels must be exceeded in over 50% of the wells. When registered wells are

not available, other wells may be used. Initial investigation by the District will be to determine if

the contamination is a result of point-source or non-point source pollution. If non-point source

pollution is found to be the reason, more intensive investigation for boundary setting will ensue.

If a Wellhead Protection Area should be established due to non-point source pollution, the

District may set boundaries that are less than 9 square miles. After the establishment of a Phase

Three Area, if non-point source contamination levels should decline, two consecutive sampling

events below the trigger levels are needed before the Area could be placed in Phase Two or

Phase One.

 

Rule 2 Continuation of Phase One and Two Rules

A continuation of Phase One Rules as defined in Section E, Rules 1-6, Section F, Rule 2 and in

Phase Two Rules as defined in Section G, Rules 3, 4, 5, 8, 9, 10 and 11 shall apply.

 

Rule 3 Fertilizer Application On All Soils

The application of commercial nitrogen fertilizer is prohibited in the fall and winter on all soils

until after March 1. Spring applications of commercial nitrogen fertilizer will require split

applications (pre-plant and side-dress) or the use of an approved inhibitor applied as

recommended. If a split application is used and 50 percent or more of nitrogen fertilizer is

applied as a pre-plant, the use of an approved inhibitor, applied as recommended, is still required.

 

Rule 4 Record that District Approved Inhibitor was Used

If 50% or more of commercial nitrogen fertilizer is applied at pre-plant, then operators are

required to furnish the District a record from the fertilizer dealer that a District inhibitor was used

at recommended rates. This record shall accompany the Fertilizer Application report made to the

District by December 31 of each year.

 

Also going into September 1, 2015, the ten sections immediately north of this area became 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.  During the 2015 irrigation season staff collected  a water sample for nitrate from ten wells in this new area [range of 2.05 to 20.7 ppm; three were 0 to 8 ppm; two were 8.01 to 10 ppm; and five were > 10 ppm].

Rationale: 

For our radio ad spot with radio station KTIC we should include both a reminder to producers that they need to wait until November 1st before fall fertilizer can be applied on non-sandy soils and that no fall fertilizing is allowed in the Phase 3 Area.  For sandy soils fertilization is not allowed until after March 1st.

Staff will be meeting in the next couple of months with Extension for the next round of nitrogen classes.

 

There have been three on-line test requests since the last committee meeting.  Two producers have passed the online test and a certification card was mailed to each: 

Cert #	Cert date	Name	Re-cert	Comments
6525	9/14/2015	Jack Nitz	No	First-timer
6526	9/14/2015	Martin Erickson	No	First-timer

 

Rationale: 

Brach Johnson request for certificated acres.  Please see attachment.

 

 

Rationale: 

No new update.  We have a total of 521 chemigation permits in our District.

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

Rationale: 

No new requested for decommissioned wells.

 

Rationale: 

No wells have been plugged or need cost share assistance since the last Water Committee meeting.

 

Rationale: 

Staff is still reviewing the ENWRA data.  The website is www.ENWRA.org

Attached is a pdf document that shows the flight lines within LPNNRD.  Click on the flight line number (oranged colored font) in the first column and it will pull up the corresponding transect.

 

Rationale: 

The LPNNRD needs to get started on our centralized database, which will take two to three years to fully implement.  Estimated cost for year one is ~$70,000.  After much research the staff would recommend using Phoenix Group of Waverly NE to develop this database.  Several NRD's including LPS report a good working relationship with this company.

We will likely have to go to bid for this project.

 

 

Rationale: 

Staff have been working on the upcoming GMDA conference for Sacramento and the programs should be mailed out soon.

 

Rationale: 

John Wiese Platte County W&S Basins w/Tile $   8,250.00

Mike Chvatal Saunders County Terraces/Tile/Basins $ 12,500.00

Rationale: 

14-B-58 Randall Fendrich Butler Co. W&S Basins w/Tile $ 10,504.22

14-S-64 David/Cynthia Hartman Saunders Terraces/Tile $   7,536.40

14-B-65 Marland Novacek Butler Co. Crop ground to grass $   2,409.60

 

TOTAL: $ 20,450.22

Rationale:  NONE

Rationale:  NONE

Rationale:  NONE

Rationale: 

Donald Kavan Terraces/Tile/Basins\Waterway $ 2,959.06

Jones Family Trust Terraces/Tile/Basins $ 2,376.06

Harvey Brabec W/S Basins/Tile $ 6,977.90

$ 12,313.02

Rationale: 

Berniel Jansa Basins/Tile 10% $ 1,135.80

Dennis Fujan Lands for Conservation 33 ac $ 7,260.00

Larry Mach Terraces/Basins/Tile 25% $ 2,504.39

Larry Mach Lands for Conservation 12 ac   $ 2,640.00

TOTAL: $13,540.19

Rationale:  None

Rationale:  The Newman Grove Public School has submitted a paid invoice for their purchase of a colorimeter for analyzing Shell Creek water samples.  The Board has previously approved this purchase that will be 100% reimbursed from the Nebraska Environmental Trust.  

Rationale:  We have approximately $60,000 of Nebraska Environmental Trust Funds from a grant we assumed from the Shell Creek Watershed Improvement Group (SCWIG) that can be applied toward various activities including design of future grade stabilization projects in Shell Creek and its tributaries.  These funds need to be expended by the end of the year or could be lost.  As you may recall, we approved an interlocal agreement with Colfax County to design one such project and SCWIG has identified two or three other potential project sites that could hopefully be designed to use up some of these funds.  To proceed in a timely manner for expending these funds,  it is our suggestion to continue to work with the Colfax County Engineer, Mark Mainelli, to submit design proposals on two or three priority grade stabilization sites for approval consideration at the October 12th Board meeting.  It the case of these projects, Colfax County will not be involved financially, but will need to provide permission to build these projects on their right-of-way.  It is anticipated that grant funds will pay for 100% of these design services.  

Rationale:  JEO has completed their detailed Phase I Watershed analysis and is moving toward establishing monitoring site in Dunlap Creek.

Rationale: 

Attached our the two most recent construction reports on the pier removal at Two Rivers State Park.  

Pier 1 removal was completed Monday, September 21^st with a surveyor and OA staff verifying the elevation.  Pier 2 removal was completed Monday, September 28^th.  Pier 3 is planned to be removed on Monday, October 5^th.  LPRCA and OA staff plan to be on site for that completed removal.  Only 2 segments of temporary bridge are left to be installed to reach just past pier 5. They are currently well over 2 weeks ahead of schedule despite some wet weather and higher than normal flows. Hawkins has told the LPRCA that believe they now have time to remove up to four more of the “buried” concrete and rebar piers--that are believed to be located extending from pier 5 to almost the mid-point of the river—and/or wooden piers interspersed amongst the concrete piers.  The LPRCA has contacted NGPC about additional funds that could be potentially used for a removal of more piers.  Additionally the LPRCA is working with Hawkins and OA on locating the buried piers and developing a potential plan for removal.  

Meghan will submit her full LPRCA written report by the October Board Meeting.

Rationale: 

The COE has started the process & notified the City of Fremont that they will start soil sampling in the area of the old landfill south of Emerson Lake.

Staff will arrange a meeting with the partners. Discussion will be on possible financial situations for construction cost and who will take over ownership of the Farmland, Fremont and Railroad Drainage District.

Rationale:  Staff shredded the levee for the Corps of Engineers pre-final inspection which is Friday, October 2nd.

Rationale:  As reported earlier, our District-wide HMP update has been approved by FEMA.  JEO is wrapping up our project to map breach routing on 20 of our non-high hazard flood control dams and has begun working with Woodcliff to provide detailed analysis for their proposed riverbank stabilization project for potential project assistance. We anticipate making an invoice payment by Board Meeting.

Rationale:  Platte Center has completed their latest Elm Creek bank stabilization project totaling $27,873.34 and is requesting our cost share payment.   We earlier this year, the Board approved up to $11,315 assistance based on 50% approval of the total estimate ($22,630).  Half the $27,873.34 actual cost comes to $13,936.67 which is $2,621.67 more than the Board’s amount approved.  The committee is asked to give consideration for approving 50% cost share payment based on the actual project cost.   Attached is a few photos of the completed project.

Rationale: 

Levee Segment 4B - is close to being 100% complete and will be closed out soon.

Levee Segment 5 - Most of this segment is complete as well with work being completed on a gate structure at Camp Ashland, placement of Right or Way markers and sine fencing. 

Rationale:  Big Sandy has requested to do additional excavation of material from the lake that not covered under the COE Contract.  Since the NRD is the Sponsor of the project we will pay for the work not covered ($44,300) under the contract and be reimbursed by Big Sandy ($44,300).

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.