November 13, 2017 at 3:15 PM - Regular Board of Directors Meeting

Are there any additions are corrections to the agenda?

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

Discussion on recent mediation and agreement pertaining to the Ourada issue.  Jovan Lausterer will be present to explain and answer questions.

Ruzicka made the motion, seconded by Meduna, to go into Executive Session at 10:54 a.m., for the protection of public interest due to the potential for litigation and to authorize the following to stay: Legal Counsel Lausterer, Mountford, Gottschalk, Heimann and Breunig. Motion carried all members present voting aye.

Ruzicka made the motion, seconded by Meduna, to go out of Executive Session at 11:25 a.m. Motion carried all members present voting aye.

The Groundwater Management Districts Association Winter Conference will be held in Baton Rouge, Louisiana January 17-19 with a copy of the agenda attached to the Executive Committee Agenda.  In the past we have sent up to two Directors and two Staff the conference. 

The National Association of Conservation Districts Annual Meeting will be held in Nashville, TN January 27-31, 2018. We normally allow attendance of up to two directors and two staff for this conference.

None

Pursuant to Kyle’s (from auditing firm) finding and communication about the required taxability of the 457B employer contributions that occur in the beginning of each year, Cindy feels it is best if we move immediately and get those also included on the 2017 W-2’s.  To do this, we can do a fairly simple adjustment through payroll for those affected, on the 11/17 payroll, and be all set from there.  The impact to the employees will be that they will have a small amount more taken out of that check for the necessary Social Security and Medicare taxes, so their net check will be a little smaller than usual, but the numbers should not be significant (basically, it’s 7.65% of the total employer contributions they received at the beginning of the year).

The only issue this creates is for the two employees (Larry and John) that have retired this year.  John has a payment yet to be paid to him this month which will allow for his check to be reduced by the proper amount.  In Larry's case, it appears he will not have another payment made to him before the end of the year allowing for the reduction of $ 10.33 from his payment.  

We have been in contact with Wahoo High School regarding their CEO (Career Exploration Opportunities) program.  This program allows high school seniors the opportunity to intern/job shadow local professional organizations for high school course credit.

Gottschalk described the program and timetable for implementation.  

The new Interlocal is necessary to the LPWMA as our current Nebraska non-profit and parent organization the Nebraska Great Plains Resource Conservation and Development is dissolving. This non-profit had also served as the financial custodian for the LPWMA. As spelled out in the new Inter-local, the Papio Missouri River NRD will now serve as the financial custodian for the WMA. The Interlocal will protect all members by not creating a separate entity while providing a structure for the Weed Management Area to continue to operate as it has since it was first organized in 2003. 

The intention is to have the new interlocal adopted and in place for the December 19th LPWMA meeting.

The Newman Grove Science Club will give an update on the status of Shell Creek just prior to our November Board Meeting in Newman Grove.

Director Sabatka will give the Director Vacancy Report.

Jovan will be present to discuss the recent lawsuit.

Meduna made the motion, seconded by Sobota, to go into Executive Session for the protection of public interest due to the potential for litigation and to authorize the following to stay: Legal Counsel Lausterer, Mountford and Gottschalk. Motion carried all members present voting aye.

Ruzicka made the motion, seconded by Meduna, to go out of Executive Session. Motion carried all members present voting aye.

The issue of contract approval as additional action item at board meetings has been brought up for discussion.  We are requesting input of the committee to see if there is a need to create Board Policy for approving all contracts initially at the committee level.

Grant Nuttelmann, HBE, discussed the August and September Financial Statements on a conference call. 

Each November we renew of $400,000 "Line of Credit" with Union Bank.  Attached find the renewal paperwork. 

We are anticipating a payment from the Department of Natural Resources on our NRDF request. 

Nothing to consider.

All CREP contracts have expired.

As part of the grant to renovate the Czechland grassland, we have sprayed the first application of Round-up on the area. The second application will be in the Spring and then it will be seeded.

The O & M crew finished shredding the Clear Creek Levee and did some final shredding around the Wanahoo area. We continue to cut volunteer trees with the turbo saw on the Wanahoo ground. We sprayed the back wildlife/grassland area of Czechland for grassland renovation. Fixed a hiking trail bridge at Czechland and put in one new camper pad. Re-sprayed the pollinator plots at Lake Wanahoo. Numerous equipment & vehicle maintenance items.

The Lake Level Committee met at 7:30 a.m. before the O, E & RW Committee.  Attached is the agenda, last months minutes and a draft of the Proactive Reservoir Management Plan by FYRA Engineering.  Mike Sotak was present at Committee meeting to explain the draft plan and take questions and comments.

The committee recommends that the board and staff review the Proactive Reservoir Management Plan as presented and to review with our partners, Game & Parks Fisheries Division and Corps of Engineers for their comments.

Find attached a current revenue and expense report from Game & Parks, it was received after committee meeting.

The garbage service will be cut back for the winter months, G & P has closed and winterized the shower building and the NRD has winterized the water towers at the dump station. The remaining components at the dump station can stay open and may be closed later this month. We had the roads graded and some gravel added.

Josh Varner's Eagle Scout Project is completed with 12 monofilament containers erected. His expenses are $1,192.10 in which he needs reimbursement. All receipts have been received. He obtained 12 sponsors at $100 each and those funds were deposited by the NRD.

The hay sale from the Wanahoo grassland areas is complete. Meduna Family Farms baled 681 tons and paid the District $6,810.51. The District retains $3,458.40 the remainder goes to the commission toward the RDF (Resource Development Fund). The District retained $6,076.32 in 2016 and $13,161.00 in 2015.

The bird viewing platform is now complete.

Last month it was recommended to get a bid to remove an approximated 4-5 acre patch of volunteer Elm trees and a old tree line on the Wanahoo property as recommended by our biologist partners. Standing C Excavation has given a bid of $4,000. (See attached bid sheets). Heimann contacted a contractor who did work in the past at Wanahoo and he declined because the job is too small for the distance to travel.  Staff would like to utilize some of the past hay revenue to accomplish some of these task.

Dan Ourada has completed the haying at Czechland Lake, all bales have been removed.  He will make payment before the Board meeting.  Payment is estimated to be around $4,500.

Staff was able to move the informational RV Camping sign and Iron maiden and establish one camper pad. We had more dirt hauled so we can continue with the final two pads.

There is nothing new to report since last months meeting.

The aerial attack on Phragmites and Purple Loosestrife continued this summer with 750 acres sprayed by helicopter. The cost was $90,500 which comes to $121/acre.

Dump trailer bids were due October 31, at 4:00 pm. Invitations to bid were sent to nine trailer dealers and seven bids were received. 

Staff contacted the low bidder, Hull Trailers, to verify their bid with the NRD trailer specs. Their bid was incorrect as they forgot an axle, spare tire & mount & battery charger making their bid $8,985.00.  The next low bid $8,135.00 from D & K Trailers didn't have the appropriate trailer lift system (single cylinder scissor lift) as the other bidders. Adding a scissor lift makes their bid $8,785.00.  Therefore, the next low bid is $8,740.00 from M & M Trailers that meets the NRD Specs. See attached sheet for revised bids. Recommendation needed from the Board.

Nothing to report.

The KTIC Radio ad and the Wahoo Newspaper eAd will continue to promote the availability for grass drill rentals.  The ads will run through November 30^th.  The ads are attached.

The first draft of the Long Range Plan has been completed for Fiscal Year 2018.  A copy of the first draft is attached.  The final draft will be available prior to the November 13^th Board of Directors meeting.

The Lower Platte North NRD received 8 proposals for the Website Development Project.  Of these 8 organizations, 4 were asked to present to a committee of staff.  Of the proposals and companies we’ve visited with we are recommending to move forward with Red Thread (Lincoln, NE).  The Lower Platte North NRD feels  Red Thread’s proposal included the most cost-effective value for website development, while including additional promotions,  including video productions.  We anticipate these costs not to exceed $14,000.

Bills will go out this week.

Meters read 10/30-31.

Samples collected 10/25.

Coufal hook-up planned for next week.

Back flo certification update.

Service line leak on Spruce street repaired 10/23.

New leak from shut-off valve on Spruce street. 

Bills out this week.

Meters read 10/30-31

Back-flo certification completed 10/17

Samples collected 10/25

Attached is a draft Violation Policy for review.  The policy combined GW management, chemigation and irrigation endguns violations.  Jovan has looked them over and gave some initial suggestions which are incorporated in this draft of the violation policy.  

Staff is recommending a change to the Lower Platte North NRD Development Area Map. As we begin to move towards managing ground water depletions on an acre foot scale, it is increasingly more important to use the most current maps. Attached is the proposed map for the Hydrologically, Non-Hydrologically, and Restricted Development Areas. Staff has overlayed the boundaries of the old map to show the differences. Legal council feels that development area boundaries follow legally defined boundaries (ex. section line). 

All applicants were notified of the one month delay on the decision to approve new development in the Hydrologically Connected Area (HCA). After last months discussion, the ranking sheet has one change. It is the recommendation of the staff to not approve application LPN-V-012-0221, for 77 acres, due to the 74% Class 6, 7, and 8 highly erodible land class.

The new ranking sheet is attached. The Board has the discretion to approve up to 2500 acres per year in the HCA. Per the agreement with Lower Platte South NRD and Papio Missouri River NRD, the Lower Platte North NRD can allow up to 2275.9 acre feet of depletions to the Platte River between 2017-2021. Last year the District approved 364.00 acre feet of depletion.  

Attached is GIS and AEM information on Sandra Muhle and Duane Ohlrich.  

Wells Permits Approved: 1

The total number of approved permits for 2017 is 23

Location of Approved Well Permits for 2017:  Correct as of 11/1/2017

Tim Vaughan has applied for a new pond well for ducks in S14-T13N-R9E, Wann Subarea, Saunders County. Attached is the approved policy on pond wells. Mr. Vaughan would like to pump 60 acre inches per year on the 2 acre pond which is more than the 9 acre inches allowable under the policy. Also attached is a map of the section in question. The map shows the current pond is .12 acres in size.

The deadline for reporting water use for meters within the SQS areas is November 1 as by LPN Rules.  

SQS #1 has 4 meter reports in out of 33

SQS #2 has 59 meter reports in out of 271  

This deadline can come in the middle of harvest, so something to reconsider when updating the Groundwater Rules.   

Staff has been working with livestock producers in the SQS areas to get water flow meters installed on high capacity livestock wells or a series of connected wells. 

Rule 2.4 in the GWMA Rules and Regulations states "All Landowners withdrawing Ground Water from a high capacity well, those wells pumping greater than 50 gallons per minute, in the Special Quantity Subarea must install a District approved Flow Meter for measuring Ground Water withdrawals."

At this time staff has not found any of the livestock wells in question to have a flow meter installed.  One producer commented to staff that he does not plan on installing a flow meter until the NRD forces him.  

Staff would like to set the date of January 31, 2018 on when flow meters for high capacity livestock wells need to installed or Cease and Desist order will be issued.  

A meeting was held with LPS and Papio-Missouri to discuss the distribution of allowable new depletions of 4,138 acre feet over a 5 - year period withing the Lower Platte Basin Hydrologically Connected Area.  After some discussion and negotiation within the group a percentage was agreed on by all parties.

LPN - 55%; LPS - 24%; Papio-Missouri - 21%

Lower Platte North will receive 2275.9 Acre Feet to distribute until 2021 in which is the allowable depletion for this 5-year segment.

Water use on the depletion would include by not inclusive for irrigated acres, industry and livestock. 

A meeting for the technical group is scheduled for November 13 in Norfolk.  

352 irrigation kits have been mailed out in 2017 (27 of these since Labor Day).  All of these have been returned and sample results have been sent to producers.

As of November 1, 2017 we have received a total of 192 applications.  Five applications have been received since increasing the boundary 2 miles beyond the SQS #2 boundary.  Two of the applications didn't have meters installed when staff inspected them.

Therefore, for the November 13, 2017 Board Meeting, we will have a total of 3 cost-share applications to approve.

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

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

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2017 is the fifteenth year for this Phase 2 Area.  Phase 2 information packets with order were mailed to producers in June, before the start of irrigation.

This area was reduced from 32 sections to 21 sections in 2015.

2017 is the second year of this Phase 2 Area.  There are 45 registered active irrigation wells in the ten sections of this new area.

2017 is the second year of this Phase 3 Area.  This Phase 3 area went into effect September 1, 2015.  The 55 sections of this area first went into a Phase 2 Area in 2004.  

One online test was completed in October and certification card was mailed to producer. (Tenant was re-certified so landowner could apply for flow meter cost-share.)

 *Katie Cameron will be speaking on AEM information and general geology on January 30 and March 13.

**James Cannia will be speaking on AEM information and general geology on March 22 in Columbus at 3 pm.

From the September 27 Water Committee and October 9 Board Meeting:

To table the approval of variances until a policy can be put in place on handling variance violations and determination of the allotment of Acre Feet within the Hydrological Connected Area. This motion, made by Frank Pollard and seconded by Larry Feala, Passed.

More information is available and can be handled under 1.B.1.b

From the August 30 Water Committee and September 11 Board Meeting:

To table the variance request from Sandra Muhle for 115 acres until the 2016 AEM data can be analyzed. This motion, made by Larry Feala and seconded by Dave Saalfeld, Passed.

To table the variance request from Duane Ohlrich for 66 acres until the 2016 AEM data can be analyzed. This motion, made by Dave Saalfeld and seconded by Frank Pollard, Passed.

More information is available under 1.B.1.c

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

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

2017 Permit Summary and the 2016 Application Summary is attached:

Staff began collection of the Fall measurements 10/23/2017.  Uplands and Todd Valley sites were done last week.  Platte Valley sites should be completed this week and Shell Creek is scheduled for next week.  As expected, the 2017 Fall water levels have been slightly lower than the 2015 Fall water levels due to more irrigation this summer.

Katie Cameron would like to come to the January Board meeting to give and update from ENWRA. 

A meeting is scheduled for November 28 at LPS.  This meeting will be discussing the next workshop which is planned for January.

The agreement attached is between USGS and LPN for two streamgages at Shell Creek near Columbus and Wahoo Creek at Ashland and one real-time groundwater level monitoring site near Mead.  LPN share will be $16,860 to keep these sites active, which was included in this year's budget.

A. Last week Andersen and Oaklund attended the Nebraska Water Center Symposium at Innovation Campus Conference Center in Lincoln. The theme was "Managing Impacts to Water Quality in Production Agriculture" with most presentations having Nitrogen-Nitrate component.  2017 yield results for Project SENSE weren’t yet available as Fall harvest is ongoing.

B. Tracy McConnell of Grosch Irrigation Co, North Bend, contacted LPNNRD regarding data collection for new municipal wells in Mead. McConnell inquired about availability of data loggers to collect data for their engineers.  Grosch has drilled two test hole wells near the west edge of Mead.  The north well had pump test last week and the pump test for the south well started the morning.  Oaklund has installed data loggers in wells in Mead as per McConnell’s request.  The Village of Mead’s plan is for  two new municipal wells and a new water tower.

The Annual Conference will be at the Hilton Capitol Center in downtown Baton Rouge, Louisiana, January 16-19, 2018.

The Conference will begin the morning of the 16^th with a few presentations then a field trip to view the Old River Control Structure, arriving back in time for the welcoming reception.  There will have technical sessions on Thursday with a board meeting Thursday afternoon.  There will be a spouses tour on Thursday to Magnolia Mound Plantation and the Louisiana Rural Life Museum with a stop for lunch.

Any Board Member wishing to go, please let staff know. 

The policy is to send 2 from the Water Dept. and 2 Board members.  

Mary Kay Wotipka asked the Committee and Staff about the variance on their property.  Staff explained that the plan is update the Groundwater Rules and Regulations and look at a Acre Feet Depletion per well instead of certified irrigated acres on variances.  The plan is to have something in place by Spring of 2018.  

None.

17-S-6  Mark Gustafson  Gradient terrace  $2935.23

None.

Lands for Conservation payments:

Darrell Kubik - 8AC                     $1512.00

Jerome Urban - 34AC                  $6426.00

Dave, Ben, Tim Kastl - 10AC        $1890.00

Dave Kastl - 20AC                       $3780.00

Robert Hedges - 25AC                 $4725.00

Tim Bartek - 126AC                     $23814.00

Raymond Urban - 30AC               $5670.00

John Sousek - 20AC                    $3780.00

Patrick Bartek - 65AC                  $12285.00

Steve Vasa - 24.3AC                   $4592.70

George Wonka - 22AC                $4158.00

Jamey Hanis - 25AC                   $4725.00

William Laughridge - 16AC         $3024.00

Mark Kaspar - 26AC                  $4914.00

Gary Prohaska - 60AC               $11340.00

TOTAL             511.3AC            $96,635.70

A pre-construction conference was held on October 10th with Kohl construction to outline details with completion of the Kramer/Shell Creek Bank Stabilization Project. Contracts have been signed, the project has been staked and Kohl begun construction activities. Director Bailey reported that he inspected the project site and work is well underway.   

After the Projects Committee meeting on November 7th,  Mainelli Wagner Associates sent the first approved Pay Application No. 1 from Kohl Construction, Inc.  This request totals $124,085.23 for 62% work completed on the Kramer Project as attached.  As per Board policy, since this payment falls under our approved construction contract with Kohl, no Board motion for payment is required. After this payment, there will be $92,702.77 remaining on our $216,788 total. 

We received a $3,785.42 invoice from Mark Maineiil for preparing bid documents, bid letting, contract preparation, SWPPP preparation for the Kramer Shell Creek Bank Stabilization Project.  Committee recommendation for payment is requested.

We are working with FYRA Engineering to hold an agency (2:00 - 4:00 p.m.) and a public (5:00 - 7:00 p.m.) meeting on Wahoo Creek Dam sites 26 & 27.  Landowner and Agency letters will be sent out the week of November 6 - 10, as attached to the Projects Committee Minutes. 

We have been notified by NRCS that our application initial federal funding from the P.L. 566 to move toward planning and design of the remaining eight floodwater reduction dams (identified in the 1998 NRCS Wahoo Creek Watershed Plan) has been approved.  We do not  have many details at this point, but it appears that $575,000 has been approved for watershed planning and another $1.3 million for project design.  

There is no unfinished business to address.

Attached is a letter the LPSNRD sent to the USACE reporting in-kind work for the Sand Creek, Western Sarpy, Water Quality, and Cumulative Impact projects in the Lower Platte River corridor.  The letter also requests official project closeout. 

Attached are photos of the completed 2017 Platte Center Elm Creek Bank Stabilization Project taken by Water Resource Specialist Tyler Benal who conducted the project inspection. The assistance payment was approved and paid earlier this fiscal year.

As reported last month, this project is complete and inspected by Tyler Benal.  A $7,924.70 assistance payment has been sent to Platte County.  There are attached pictures of the completed project.

Tom Sprunk                 15.4AC                $3465.00

Charles Barjenbruch      9.5AC                 $229.24

James Barjenbruch       13AC                   $341.77

Hill Valley Farms          16.5AC                 $3712.50

Rodney Julsen             23.1AC                 $5197.50

Ed Luetkenhaus           4AC                     $900.00

Francis Shanle             9.5AC                  $247.00

Ronald Anderson         12.9AC                 $759.93

TOTAL                        103.9AC               $14,852.94