December 11, 2017 at 1:30 PM - Regular Board of Directors Meeting

Are there any additions or corrections to the agenda? 

Are there any additions or corrections to the Board Meeting Minutes? If not the will be approved on the consent agenda.

Attached is the most recent e-mail from Jovan stating LARM has approved the settlement and sent on for Ourada's signatures.

We normally hold our annual Director Retreat in February.  We need to set a date and location if we wish to have our Retreat again in 2018.  Breunig was instructed to check the availability of Benedictine Retreat Center, Schuyler for Wednesday, February 21st.

Discussion and update on the topic of Lake Wanahoo lake levels.

Attached find Directors Baiely, Meduna and Sobota's Excuse of Absence from the November Board Meeting.

Matt Moser from USGS will be present to give an update to the Board on the Shell Creek and Leshara.

Discussion and possible action in reviewing our current inter-local agreement with Nebraska Game and Parks to manage our Lake Wanahoo recreation site.  If the intent is to review the contract specifics there may be cause to go into executive session.  Jovan Lausterer will not be in attendance but will be available via phone for his input if requested.

Harvey Brabec dropped off his load sheets from North Bend Elevator for the corn harvested from our property.  We will need to decide when to sell our portion of the corn and let Mr. Brabec/Elevator know.  When I spoke to Harvey last week he informed me he may be selling his soon as to save on storage.

Gottschalk was instructed to contact Harvey and have him sell the NRD shares when he sells his.

- I will be sending out an online survey to all District employees collecting feedback on my first 3-4 months on the job.  The intent of the information collected will be to assist me to improve my interpersonal and management skills as they relate to our staff.

Grant Nuttelmann updated the Executive Committee on the Draft October Financial Report.

Attached find Gottschalk's time and expense sheets.

The LPNNRD Interest Payment is due on 12/15/17 in the amount of $9,823.41.

There is nothing to consider.

All CREP contracts have expired. Nothing new to report on WILD NE.

O & M staff have been winterizing equipment, buildings and repairs and maintenance to equipment. Looking into a outdoor light north of the office for parking lot.

The Lake Level Panel met at 7:30 a.m. on Wednesday, November 29.  The agenda and previous minutes are attached.

NRD Staff met with NE Game & Parks administration, Tim McCoy and Mark Porath regarding the FYRA Proactive Reservoir Management Plan on November 15.  Game & Parks does not want the lake lowered anymore than what US Fish & Wildlife mandated at 1 foot from ice out to July 1, it would also be contrary to the purpose of the 2011 cooperative project agreement with LPNNRD for fishery enhancement.  As has been conveyed in the past, additional lake lowering, especially during the prime spawning months would be detrimental to the health of the Wanahoo fishery.  Deputy Director McCoy stressed that allowing such action may also jeopardize NGPC’s current and future funding assistance received through the Sport Fish Restoration Program, which is currently $16.9 million/year and funded through the US Fish & Wildlife Service. LPNNRD’s 20 year agreement with NGPC extends through 2030. NE Game & Parks letter attached.

Attached is the final invoice of $2,719.34 from FYRA Engineering for the Proactive Reservoir Management Plan which will pay this contract in full.

The Wanahoo SRA roads were graded as was the trail on the face of the dam.  Gravel was added to the roads where needed, river rock in two areas where dumpsters are located and rock chip on the trail on the dam.

The dump station contractor fixed the dripping water tower.

John Vybiral has a request, he would like to have 10 - 15 acres of hay to bale annually.  He doesn't want to bid on the entire area which is typically more than he needs. We could allocate a certain area such as 1) below the dam, 2) around a couple of the homesteads, 3) around our building site, at the same price as the high bidder or 4) have him negotiate with the high bidder for an area, which doesn't guarantee him anything.  The committee believes we could receive many request like this, if so, how do you accommodate many request.  The committee suggest leaving the hay bidding procedure as is and that Mr. Vybiral should approach the high bidder and negotiate an area or certain amount of acres to hay at the high bidders price.

Staff will get hay bidding information out after the first of the year with a bid opening in March so the high bidder can fertilize the areas in which he will bale.

Dan Ourada has paid for the 100 tons of hay he cut and baled at Czechland, $4,556.16.

A new RV camping sign was made and erected, the old sign was very faded and becoming unreadable.  Camping revenue for the year is $7,792.00.  We continue to work on the three new RV pads.

The Nebraska Silver Jackets will be doing a Hydrology Analysis on the Lower Platte River. The current scope of this analysis will provide updated flow frequency from the Missouri to the Loup confluence, with some minor follow-up/closeout in FY19. It is anticipated to take 16 months to complete. Listed partners for this analysis are COE, NDNR, LPRCA. Lower Platte North sent a letter of support for this Analysis back in July. There is a kick off meeting on December 13th in Lincoln at the Dept. of Natural Resources at 1:00.

The Inter-Agency Project Proposal is attached.

FYRA Engineering would be happy to review the Silver Jackets information with the non-Federal partners.  Their study has no hydraulic component, and therefore does nothing for flood mapping in the next decade.  A meeting with FYRA is being organized by the City of Fremont in mid-December to discuss whether to have FYRA do a Platte River Flood Plain Study/Mapping or to wait for FEMA some years down the road.

There are no request for payments.

The KTIC Radio ad and the Wahoo Newspaper eAd will promote the opportunity to purchase trees through the NRD.  The ads will run through December 31^st.  The ads are attached.

A copy of the Long Range Plan has been distributed to all directors.  An electronic copy was emailed and a printed copy was placed in office boxes.  This document discusses accomplishments during FY2017 and future objectives of the district.

The Rural Water dept. is in the process of transitioning to desktop version of our Asyst billing software.  We are currently utilizing a web based version that is more costly and experiences numerous glitches.  The transition will take place in December.

Coufal connection completed 11/15

Meters read and samples taken 11/20 - 11/21

Bills were mailed out 11/28

Meters read and samples taken 11/20 - 11/21

Bills were mailed out 11/28

A producer received a variance in 2016 to drill a new well.  He is requesting an extension on the variance.

Richard Gustafson has requested that the Board considers the option of moving his irrigated acres to another portion of his tract in NE¼ Section 20-T15N-R7E Saunders County. He has already certified 92.3 acres on this quarter, but wants the opportunity to irrigate a different portion of his quarter without exceeding the current certified acres.  He will be require to install a water flow meter and report the reading at the end of 2018. .

An agreement for one year is attached for Mr. Gustafson and LPNNRD. 

Kenneth Pestal has submitted an application to drill a new well in the SE 1/4 NW 1/4 S12-T14N-R6E Weston Subarea, Saunders County. The well will be used to irrigate 124.5 acres, previously serviced by well G-058453 located in the SW 1/4 SW 1/4 of the same section. Attached is a section map of the field in question, as well as a test hole submitted by Webster Well. 

Wells Permits Approved: 7

The total number of approved permits for 2017 is 29

Location of Approved Well Permits for 2017:  Correct as of 11/29/2017

The District has been contacted by a Dodge County producer regarding the steps that need to be followed to drill three 80gpm wells to service a new poultry operation.

Number for chickens when classifying CAFO units.

Provided a facility meets the definition of a "Small AFO" there is no requirement to contact NDEQ - they are statutorily exempt.  That does not mean that they are allowed to discharge to waters of the state. 

All other facilities (medium "AFO" and large "CAFO") are required by statute to submit a "Form A" to request an initial inspection.  This inspection determines whether or not the facility will be required to submit an application for a permit.  As I mentioned below, most poultry facilities are not required by statute to have permits.       

If Manure is inside a building, no permit required?  Not exactly.  Liquid manure systems require permits.  However, all of the facilities that I am aware of in Nebraska (existing and planned) are dry litter systems.  Dry litter systems are considered non-discharging facilities and do not require permits. 

Nutrient Management Plans required?  There is no requirement for a nutrient management plan if the facility is exempt from permitting.  We accept, and file, NMP when they are volunteered by exempt facilities. 

LPN Rule 1    Permit Application to Construct Water Well

(1) Any person who intends to construct a water well in a management area in the District on land which he or she owns or controls shall, before commencing construction, apply with the District for a permit on forms provided by the District, except that no permit shall be required for test holes or dewatering wells with an intended use of thirty days or less. Permit is required for water wells designed and constructed to pump greater than fifty gallons per minute in the entire District. A permit is required for water wells defined by the District to be replacement water wells. A permit is required for a water well designed and constructed to pump fifty gallons per minute or less if such water well is commingled, combined, clustered, or joined with any other water well or wells or other water source, other than a water source used to water range livestock.  Such wells shall be considered one water well and the combined capacity shall be used as the rated capacity. In Stay management areas and Level three management areas, a permit must be obtained for each water well or for one or more categories of water wells designed and constructed to pump fifty gallons per minute or less, other than a domestic water well required for human needs as it relates to health, fire control, sanitation, and irrigation on less than one acre of land or used to water range livestock, in ground water management areas in which regulations have been imposed to control declining ground water levels. Forms are available at the District’s office and at such other places as the District may deem appropriate. The District shall review such application and issue or deny the permit, with or without well permit conditions, within thirty days after the application is filed.

Bob and Laura Kobza are requesting to take an irrigation well located in Section 19-16N-3 Butler County Nebraska and converting it to livestock use only. The livestock well will be part of the Lincoln Premium Poultry project. 

Currently it is used for irrigating approximately 74 acres of pivot irrigated land. Multiple submersible pumps will be placed in the casing of the irrigation well by a professional well driller or pump installer and pump less than 50 gpm.  The original irrigation well was drilled in 2005 and is currently metered.

Bob and Laura Kobza will transfer or sell the irrigated acres within 8 years of the conversion.

Bob will need a written reply as requested by their lender and LPP to continue with this project.

Attached is another draft of the irrigation endgun violation policy.  Staff will be presenting this at the Chemigation Rules Hearing.

An inter-local agreement is attached along with the the final Lower Platte River Basin IMP for Board approval and signature. 

A meeting has been requested with DNR within the next couple of weeks.  As we now have the Acre Feet numbers the plan can move forward.

Staff has completed measuring fall water levels with a summary of fall levels attached.  District water levels have stayed pretty consistent as a whole from a year ago.

Staff has been approached on utilizing or requiring cover crops in the Phase Areas.  I have visited with Aaron Nygren about doing some demonstration sites within the Phase Areas. 

Do we want to proceed with the demonstration sites first before requiring or maybe offering cost-share?

Does the NRD want to help financially with the producers that participate with a demonstration site? 

As of November 29, 2017 we have received a total of 194 applications. Two applications for 2-inch flow meters have been received from a livestock facility.  

Therefore, for the December December 11, 2017 Board Meeting, we will have a total of 2 cost-share applications to approve for $386.

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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Class #4 and Class #11 will focus on the findings from the 2016 AEM data over the Special Quantity Subareas. 

At the August 14 Board meeting, a motion was made and passed to increase the fees for a new chemigation permit to $90 and an emergency permit to $300.  A draft of the Chemigation Rules showing the price increase is attached, along with a Chemigation Violation Policy.

Staff would like to set a hearing date of Wednesday, December 27 at 4:30 pm.  By state law the hearing needs to be posted 3 consecutive weeks prior to the hearing.  The first posting of the hearing would be the week of December 4, which is prior to the December Board meeting.  

Staff will also present the Irrigation Endgun Policy at the hearing.  Policies do not need a hearing but this will give the public an opportunity to express their opinion.

Staff would like some direction on these items to add, subtract or do nothing to the Rules and Regulations.

These questions involving the Groundwater Rules and Regulation was presented to the Committee at the May Water Committee:

1. Require all flow meter for agricultural use to be Acre-Inch?

2. Do you want to allow time totalizers for water use?

3. Should we put the 27 inch rolling allocation in the acre inch allocation?  Adjust every 3 years instead of yearly?

4. Hydrologically Connected Areas has been allowing 2500 acres per year since 2009.  Is this the correct number as the quality of variance applications have dwindled.  400 acres would still allow swing arm pivots or tracts that have change hands.

5. Allowing up to 400 acres within 1 mile of a Restricted Areas? 

6. Non-Hydrologically Areas?

7. Variance "conditional permit" correct? Right criteria?  Minimum requirements or points?

8. Supplemental wells rules?  Minimum pumping requirement like 200 - 300 GPM?  Longer pump tests like 12 or 24 hours compare to 4 hours?

9. Water Banking or Transfers?  IMP will be using Acre Feet as a criteria for stream depletion. 

10. Add another Level or Phase rule? 

11. Other items?

       Reporting of Industrial, Municipal, Livestock and other large users of water.

       Giving an Acre Feet Allocation per well to allow for acre expansion.

Staff is considering having an advisory group meeting to discuss the potential changes.

# 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.

The Water Sustainability Grant has been approved for 2018-2021.  The LPN part of project will total $750,000 in which the grant portion is $450,000 with LPN share $300,000 over the 3 years.

A meeting was held on November 28 at LPS with an update given on the forecasting tool, vulnerability/drought monitoring and equipment installation.  The forecasting tool will be looking above or below normal snow pack for flows on the Platte River.  Other things they are considering are the Palmer Drought Severity Indices and the Climatic Prediction Center.  As you can see this tool might be a challenge in predicting the water flow in the Platte River, as some of the water may never reach the lower portion of the Platte River. 

If a call is put out on Junior Surface Water Rights on the river, the expected amount of water expected would be between 300 - 750 CFS.  This amount does not take in evaporation or recharge with the water.

Equipment within or close to LPN has been installed at the Loup Canal near Columbus (piezometer), Skull Creek at Linwood (stream gage) and Hwy 77 bridge at Fremont (piezometer and stream gage).  This equipment is designed to collect data for 2 years in a drought situation.  The NWS has contacted us about utilizing the equipment at the Fremont site for flood predictions. 

Other meetings and workshops will be held this winter and next spring to finalize everything.  

Eric, Tom and Daryl attended a public informational meeting hosted by the COE.  The meeting discusssed where the contamination plumes are located and how things are being handled.  

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. 

No unfinished business to address.

Sean Elliot reviewed the present status of the District's SWCP conservation assistance funds as attached to the Projects Committee Minutes. 

None

17-P-10 - TODD GRONETHAL Windbreak renovation $1000.000       

None

It was reported that the Kramer/Colfax County Shell Creek Bank Stabilization Project was nearly complete by Kohl Construction which is exciting news.  Colfax County is installing tubes as their part of the project. Attached are drone pictures taken by Mark, Ralph Pieke and Ray Flood.   

Our plan now is to start efforts with Mark Mainelli for completing permitting and bidding the remaining three designed grade stabilization projects. 

The Committee recognized the Shell Creek Improvement Group Advisory Committee and Director Matt Bailey's leadership for helping get this major project accomplished.

NOTE: After the Projects committee meeting, we received the final pay application to Kohl Construction in the amount of $81,429.47 as attached. Since this payment falls under an approved contract, no Board motion for payment is required.  After this payment, there will only be the 5% retainage ($10,816.56) withheld until it is known that all outstanding contractor bills are paid.  The total contact amount is $216,788. 

Project & Program Payments:

Ed Wemhoff-Septic System payment (50% of $2,817.11):$1,408.56

Andrew Klug - 2017 No-till incentive payment: $619.20 

Mike Sotak and Janel Kaufman, FYRA, gave an update and presentation, as attached, on proceeding with future Wahoo Creek flood reduction efforts. 

FYRA has been involved with completing the watershed plan for Wahoo Creek Sites 26 & 27, and were instrumental in assisting the District with securing federal RCPP funding from NRCS ($1.5 million) and state funding assistance through the Water Sustainability Fund ($2.3 million) for these dams.  Gottschalk and Mountford attended the November 28th NDNR Commission meeting at Kearney where the Commission awarded the $2.3 million for the two Wahoo Creek dams. A Pubic scoping meeting on this project will be held 5:00 - 7:00 p.m., Thursday December 7, 2017, at Union Bank, Wahoo, following an agency meeting to discuss the project. Attached is FYRA's public presentation.

NOTE: Following the Projects Committee Meeting, we received the attached $5,120 invoice from FYRA for work completed under contract. Per Board motion, since the work is under an approved contract, no Board motion for payment is required.  After this $5,120 payment, $78,748.43 will have been paid on our $135,790 contract. 

As mentioned last month, NRCS has also approved additional funding through the federal P.L. 566 program for completing funding for completing a watershed plan update ($575,000) and design ($1.3 million) for the remaining eight Wahoo Creek Dams originally planned in 1998. FYRA was also involved with submitting  the P.L. 566 application. The next step will be to proceed with hiring an engineering firm to complete future planning and design tasks. 

Following the presentation, the Committee discussed the advantages of continuing with FYRA to complete a total watershed plan to include their work on Sites 26 & 27 plus the planning for the remainder of the watershed.  The planning effort needs to begin soon because it will take about a year to complete, but we could wait to begin the process for hiring a firm to complete permitting and design tasks for the dams sometime next year.  It is presently understood that the costs for completing the planning process will be provided by NRCS through their P.L. 566 program. 

Kevin Gustafson will be at the December 11 Board meeting answer questions regarding NRCS's P.L. 566 program.  Mike Sotak, FYRA, will be present to present a potential contract to proceed with Wahoo Creek Watershed planning for the remaining structure sites. 

17-D-13 - Paseka Family Revocable Trust - Cropland Diversion        378CY - $938.38