Lower Platte North NRD
December 12, 2016 1:30 PM
Regular Board of Directors Meeting
1. Call to Order
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.

 

1.A. Meeting Notice
1.B. Inform Public on Location of Copy of “Open Meeting Act”
1.C. Pledge of Allegiance
2. Roll Call
2.A. Introductions
3. Approval of Agenda
Recommended Motion

Motion to approve the agenda as presented

4. Comments - Advisors/Guests
4.A. Guest Comments
4.B. NRCS Report
Attachments
4.C. NARD Report
4.D. NRC Report
4.E. Managers Report
Attachments
4.F. Education Program
5. Approval of Minutes
Rationale

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

Attachments
6. Report of Standing Committees
6.A. Executive Committee - Action as Required
6.A.1. UNFINISHED BUSINESS
6.A.1.a. Offsite Water Concerns Upstream of Wanahoo Wetland
Rationale

Tabled motion from 9-12-16 - To offer tiling and Wetland Reserve Program options to landowners impacted by the Wanahoo Wetland contingent of receiving a hold harmless agreement before exploring other options.

At the November Board Meeting Lausterer reported that he has reached out to the three landowners (or their legal counsels) but has not received specific damage information from them on which to base a claim.

6.A.2. Meetings
6.A.2.a. Pending
6.A.2.a.1. GMDA Winter Meeting
Rationale

The GMDA Winter Meeting is January 9-11 in Ft Worth.  Birkel and Meduna plan to attend.

Attachments
6.A.2.a.2. NACD Annual Conference
Rationale

The NACD Annual Conference is January 29 to February 1 in Denver.  Any directors interested in attending should let Jill know so arrangements can be made.

Attachments
6.A.2.a.3. NARD Legislative Conference
Rationale

The NARD Legislative Conference is January 24-25 in Lincoln.  Please let Jill know if you plan to attend so reservations can be made.  A decision needs to be made if we wish to again conduct the Senator's Dinner on the Tuesday evening of Conference with Lower Elkhorn, Lower Niobrara and Lewis and Clark NRDs.

Attachments
6.A.2.a.4. January 9, 2017 Board Meeting
Rationale

To accommodate those traveling to GMDA it was requested that the January 9, 2017 Board Meeting start time be changed.

Board Chair Hannah declared that the January 9, 2017 LPNNRD Board Meeting start time will be 9:00 a.m.

6.A.2.b. Reports
6.A.3. MANAGEMENT ITEMS
6.A.3.a. Directors Absence
Rationale

Attached find absences received from Directors Veskerna and Pollard for the November Board Meeting.  No action was recommended.

Attachments
6.A.3.b. Monthly Education Program
Rationale

USGS will give a presentation on the Platte to Elkhorn groundwater study that is currently underway.

6.A.3.c. Nominating Sub-Committee
Rationale

Annual Officer Election is to take place in January.  The Nominating Committee is composed of our immediate past five (5) board chairpersons currently serving terms on the NRD board who are: Hilger, Kavan, McDermott, Saalfeld and Sabatka.  Last March a policy was adopted to guide the Nominating Committee through their assigned process which is attached.  The Board Chair is to appoint a Chair from the pool of sub-committee members with the sub-committee secretary to record minutes for inclusion into the January board agenda packet.

Chair Hannah appointed Bob Hilger as Chair of the Nominating Sub-Committee. 

Attachments
6.A.3.d. Meeting Procedures
Rationale

Attached are the Policy and Procedures that Jovan drafted for our consideration.  The thought is that these guidelines will outline how we conduct our meetings and that for items not covered by this policy the board will attempt to honor the general intent of parliamentary procedures as set forth in the "Standard Code of Parliamentary Procedure by Alice Sturgis". 

Attachments
Recommended Motion

To approve the "Lower Platte North NRD Policy and Procedures" as attached to the Executive Committee Minutes

6.A.3.e. Use of NRD Logo
Rationale

Prior to the November election candidate ads in two area newspapers contained the NRD logo.  While it appears little can be done concerning this action it has been suggested that LPNNRD "Trade Mark" or "Copyright" our logo to minimize future abuse.  Receiving a Nebraska "Trade Mark" is fairly simple and the fee is $100.

 

Recommended Motion

*To "Trade Mark" the NRD Logo and LPNNRD Name with the Logo

6.A.3.f. Election Results
Rationale

The day after election Jill sent out unofficial results.  These numbers will not change until after the Canvasing Board meets on December 5 and certifies results by December 7.  A copy of these results are attached.

In Sub-District #2 we received unofficial results on November 29 with Charles Folsom receiving 27 votes.

Attachments
6.A.3.g. Groundwater Management and Protection Act Coalition Annual Meeting
Rationale

The annual meeting of the Groundwater Management  and Protection Coalition was held on November 28.  This is a member group of 18 NRDs who work to protect NRD groundwater laws and rulings to the benefit of all NRDs in Nebraska.  Our group only comments on cases that may set a precedence that is contrary to how groundwater law is currently interpreted.

Don Blankenau is our legal counsel who has prepared information on the four current cases (or groups of cases) that are attached. After reviewing the four cases Blankenau was directed to file an Amicus Brief in the Middle Republican NRD vs Medicine Creek LLC.  This case could threaten the ability of NRDs to deny groundwater variance applications in restricted areas of an NRD. 

Also attached find Meeting Minutes, Treasurers Report as of 11-28-16.

The group decided to assess dues of $1,500 per member for FY17, a bill is attached.

Attachments
Recommended Motion

*To make payment of $1,500 to the Groundwater Management and Protection Coalition for FY17 dues as attached to the Executive Committee Minutes

6.A.3.h. Director Retreat
Rationale

Director Retreat Information:

     Date          Wednesday, February 15

     Location     Benedictine Center, north of Schuyler

     Topics:

1.  Manager Selection Process

2.  One to One voting for LPNNRD Directors

3.  LPNNRD Director Residence Requirements

4.  Groundwater Rules and Regulations - Review and proposed changes

5.  Former Lickteig Property

6.  Lower Platte River Corridor Alliance - Invite Dave Potter from LPSNRD

7.  Basin Water Supply Discussion

Additional topics can be added at board meeting.

6.A.3.i. Letter from ACEC
Rationale

Attached find a letter from the American Council of Engineering Companies informing Senator Mello that they no longer wish to pursue legislative action to place engineering limits on NRDs.

Attachments
6.A.3.j. Meals at Board Meetings
Rationale

Lausterer has been reviewing meal policies for another client and felt it would be prudent for us to review our policy.  Statute prohibits governmental units from providing meals (or doughnuts) at board or committee meetings at the expense of the governmental unit.  We currently provide light meals at our board meetings that take place during dinner time with the stipulation that elected directors reimburse the district $2.00. We allow directors to place the $2.00 meal cost on their director expense form.

It is suggested that we increase the meal cost to elected directors to $3.00 and not allow this cost to be claimed on director expense sheets.

We could also deduct the meal cost ($3.00) from directors per diem, leaving a paper trail to show that the meal cost was paid.  Our current paper trail is very adequate as we have a monthly receipt and accounting entry showing "director meal reimbursement."

 

Recommended Motion

*To discontinue having meals provided prior to board meetings

6.A.3.k. Ourada Complaint
Rationale

Lausterer has not received word of any change from Ourada's attorney Tom Thompson.  Their current position is that they are only willing to formally mediate directly with board members with no staff or legal counsel present.

The six month time period has lapsed so they can file a lawsuit with the district at any time.  The suggestion is that we take no action at this time.

6.A.4. EQUIPMENT
6.A.5. PERSONNEL
6.A.6. FINANCE
6.A.6.a. Approval of Financial Reports
Rationale

HBE is working to get all accounting up to date since their assumption of the bookkeeping on the first of November.

6.A.6.b. Approval of Managers Time and Expense Sheets
Attachments
Recommended Motion

*To approve Managers Time and Expense Sheets as attached to the Executive Committee Minutes

6.A.6.c. Union Bank Interest Payment
Rationale

Our semiannual interest payment to Union Bank is due in December.  See attached sheet for detail.

Attachments
Recommended Motion

*To make the semi-annual interest payment of $15,545.45 to Union Bank as show on the billing attached to the Executive Committee Minutes

6.B. Education, Operations & Rural Water Systems Committee - Action as Required
6.B.1. UNFINISHED BUSINESS
B. Heimann
Rationale

Nothing to consider.

6.B.2. WILD NE/CREP REPORT
B. Heimann
Rationale

There are no payments.

6.B.3. OPERATION & MAINTENANCE & OTHER ITEMS
B. Heimann
Rationale

The O & M Crew placed type B rip-rap on the handicap jetty at Czechland to help protect the sidewalk and also added rip-rap adjacent to the Homestead boat ramp. Spent some time cutting Autumn Olive at Czechland with the turbo power saw. Road repair at both Homestead and Czechland. Equipment maintenance.

6.B.3.a. Wildlife Viewing Area Wanahoo
B. Heimann
Rationale

Saunders County replaced the culvert and redeveloped the drive off of County Road O and cleaned the ditch from County Road 17 to the drive. Staff moved dirt to the parking area.

Staff sent a letter of support and NRD cost estimate for the project to Game & Parks for their grant application.

6.B.3.b. Rawhide Land Partnership Paul Gifford Drive
B. Heimann
Rationale

Paul Gifford did not accept a cash settlement based on the estimated bids received from two contractors that the NRD and Fremont obtained.  The NRD and City of Fremont can hire a contractor and have the drive constructed for less money than what Paul Gifford is asking for.  Attached find the request for informal bids and the responses from Collins Contracting and Thompson Construction.  The item we are required to build is the 4' X 6' X 125 ' box culvert.

Fremont requires a P.E. approval and stamp for public improvement projects such as these that normally runs close to 15% of the construction cost.  We are attempting to get the additional cost for Collins to perform a design-build as they did for the Wanahoo Entry Road contract prior to the committee meeting.  A design-build Haddon for Thompson's bid is also being requested.

Attachments
6.B.3.c. Wanahoo Lake Level Advisory Committee
B. Heimann
Rationale

At the November 10th Lake Level Advisory meeting, a motion was made, It was recommended by Jim McDermott, seconded by Don Veskerna, to advertise for “Requests for Proposals” from Engineering Firms to complete the Army Corps of Engineers 408 application for lowering Lake Wanahoo.  Recommendation passed by voice vote. The next meeting as set by the Lake Level Advisory Committee is January 31 at 8:00 a.m.  RFPs for the Section 408 will be opened and read aloud at this January 31st meeting. It is anticipated the resulting recommendation for interviewing selected firms will go to the LPNNRD Operations, Education and Rural Water committee on February 1, 2017.  The O, E & RW committee recommendation will then go to the full LPNNRD Board for consideration on Feb 13, 2017.

Attached are the minutes from the November 10th meeting and the Wanahoo 408 RFP Letter.

Attachments
Recommended Motion

*To accept the recommendation from the Lake Level Advisory Committee to advertise for “Requests for Proposals” from Engineering Firms to complete the Army Corps of Engineers Section 408 for permission to lower Lake Wanahoo

6.B.3.d. Rawhide Ditch Repair
B. Heimann
Rationale

Thompson Construction finished the Rawhide Ditch repairs placing 12 sheets of piling, adding a culvert to the crossing and fixing three bank erosion spots on the Diagonal Ditch. The original estimate was $10,500.  The final invoice is $11,360.  The add in's were the used 24" concrete pipe and fixing the bank erosion on the diagonal ditch. Photo's attached.

Attachments
Recommended Motion

*To pay Thompson Construction $11,360 for the completed work on Rawhide Ditch.

6.B.3.e. Sand/Duck Dam 15 Boundary Survey
B. Heimann
Rationale

JEO will re-survey the Sand/Duck Creek Dam 15 property lines and place permanent markers on the west line between our property and Ourada's. The cost to re-establish the survey and set permanent markers is between $2,100 and $3,000 this is dependent up on establishing a point located in the water. The survey can then be used or passed along at auction.

Recommended Motion

*To have JEO survey the Sand/Duck Creek Dam 15 property and establish permanent markers on the west line between dam 15 and the Ourada property at a cost not to exceed $3,000.

6.B.3.f. Fremont GI Study
B. Heimann
Rationale

The Corps of Engineers and our non-federal partners met on Nov. 10 in Fremont. The COE has informed us that the cost of the project is now estimated to be over $150 million causing the cost benefit ration to go below 1:1. The Corps has stated the best way to ensure federal funding is to have a ratio of 1-1.5:1. By the Corps estimates the project cost would have to be around $90 to be 1:1. It will be difficult to cut $60-65 million from the current design.

FYRA Engineering has performed a Hydrological and Flood Frequency Analysis on the Platte River for the Papio NRD from the Louisville area to the confluence of the Missouri River. As part of this study, the previous flood frequency analyses were investigated to ascertain the nature of the large divergence in the most recent flood frequency analysis. They are estimating that discharges are of lesser value which in turn could affect the entire Platte River corridor, therefore affecting the Fremont Study.  FYRA suggests a two-step approach; first we have to spend 3-4 days to figure out if the number is wrong.  This involves data/report review, model and gage analysis.  If we do find that the number is wrong, it will take another 3-4 days to calculate the new number…so each step w/ Bob’s time would be conservatively estimated at 32 hours at $125/hr = $4,000.00.

The potential benefit is huge.  The summary of the work we did on the Platte River study pertaining to the Louisville gage analysis and this was reviewed and accepted by the USACE and we are now working w/ FEMA, but they have seen it and know it’s coming.  If we can get a similar reduction in the Fremont area, what Bob says is now some very shallow flow depths in the project area may be able to be reduced to significantly narrow up the floodplain/floodway width.  While he has not looked specifically in this area yet, Bob is confident that since this was all done as part of the same study, we are likely to see similar errors from the study in the Fremont area as well…

We will also look at the seasonal vs. annual discharges.  If we were able to use the annual discharge the reduction would have been even greater.

Our non-federal partners would like to meet and discuss all the above situations.

6.B.3.g. Czechland Recreation Camping Revenue
B. Heimann
Rationale

To date the Czechland camping revenue is $8,306.70.

6.B.4. ROCK AND JETTY (Bank Stabilization)
B. Heimann
Rationale

Kay Poppe owns property adjacent to Skull Creek in Saunders County. Her tenant Randy Kremlacek advised her to repair a break in the levee on the north side of the creek. Standing C Excavating has given them a bid of $4,100 to repair her levee and extract another snag from the creek upstream.  Mountford, Heimann, Directors Ruzicka, Kavan, Hilger, Birkel, Clausen and Feala were on site to see the situation.  This project can be assisted with our Stream Bank Stabilization Program, 50% cost share up to $2,000.

6.B.5. EROSION & SEDIMENT RULES & REGULATIONS
B. Heimann
Rationale

Our District's revised Erosion & Sediment Rules & Regulations have been sent to DNR for the Commissions review in December.

6.B.6. INFORMATION AND EDUCATION
6.B.6.a. Information
6.B.6.a.1. Radio & eAds
Rationale

The KTIC radio ad and the Wahoo Newspaper eAd for December are promoting tree sales for next spring.  

Attachments
6.B.6.a.2. Long Range Plan
Rationale

Staff have been working on updates for the FY 2017 Long Range Plan.  Completion is expected by the end of the year.

6.B.6.b. Education
6.B.6.b.1. Butler County Government Day
Rationale

Butler County Government Day was held Friday, November 18th.  TePoel attended to represent the NRD and presented to approximately 20 students with FSA.  Butler County NRCS also usually attends, but was unable this year due to schedule conflicts.

6.B.6.b.2. Newman Grove Girl Scouts
Rationale

TePoel presented 2 wildlife educational activities to a Girl Scouts group in Newman Grove on November 8th.  Approximately 15 students in grades Kindergarten-4th grade attended.

6.B.6.b.3. Nature Education Trail/Disc Golf Course
Rationale

All sponsorship payments have been received.  Design and printing will be begin for the sponsor logo decals for the baskets.  8 of the 9 holes have been flagged and mowed.  Hole 9 is pending design and layout. An example of the mowing is attached.  After considering budget and further projects details, we have decided not to move forward with Kids in Parks.  Educational information and sign designs will be completed by NRD staff and printing will be considered locally.

Attachments
6.B.6.c. Computer
6.B.7. RURAL WATER SYSTEMS
Rationale

It appears the remote read upgrade through The Phoenix Group may turn out to be more expensive than initially thought.  In order to continue moving forward with our necessary meter reader upgrade, I am contacting several sources for a new handheld and software pricing.  Once I have complete bids, I will bring them to the Committee.

6.B.7.a. Colon System
Rationale

November samples were collected and delivered to Lincoln and billings are being sent out today.

All Colon fire hydrants were exercised as per our annual plan.

I met with the Village Board of Colon and informed them of our intention to discontinue including their sewer billing with our monthly bills.  They have requested we continue to include their sewer bill with our monthly billing for a monthly fee.  Staff has discussed issues and rates for the continued billing and are recommending a charge of $.75 per customer per month to continue this service for Colon.  This fee will be deducted from our quarterly billing reimbursement payment to the Village.

Recommended Motion

*To approve monthly service charge of $.75 per Colon sewer customer with an annual rate review (This charge will be collected from the Rural Water District's quarterly reimbursement payment to Colon) if Colon wishes for LPNNRD to continue collecting city sewer fees

6.B.7.b. Bruno System
Rationale

November samples were collected and delivered to Lincoln and billings are being sent out today.

6.B.7.c. Other
6.C. Water Committee - Action as Required
6.C.1. UNFINISHED BUSINESS
Rationale

- Martin Erickson variance request for irrigation well in RDA Swedeburg subarea

- Flow meter Maintenance Program

 

6.C.1.a. Martin Erickson Variance Request
Rationale

The Martin Erickson variance request (which is within one mile of the border with the Hydrologically Connected Area (HCA)) was to be further reviewed before possible approval.  This land ranked high enough for consideration with other variance requests in the HCA.

Staff presented information about the geology in the area and described the variance policy on irrigation in the restricted development area.  See attached documents including update hydrographs of Brazda and Swedeburg monitoring wells.

At the November 2, 2016 Water Committee a large audience was in attendance and they submitted a petition stating opposition to the LPNNRD granting an irrigation well permit in Section 20, T14N, R7E (see attached).  Much discussion followed.  

 

Committee members at the November 2, 2016 meeting made the motion: "To table the variance request for Martin Erickson for new irrigated acres and a new irrigation well in the NE1/4, Section 20, T14N, R7E Swedeburg subarea of the Restricted Development Area passed with a motion by Robert Meduna and a second by Robert Hilger."

At the November 30, 2016 Water Committee meeting staff presented new information on well logs of two irrigation wells one mile north of the proposed Erickson irrigation well showing the different aquifer conditions between these sites and hydrographs of several LPNNRD monitoring wells in the area.  Mr. Erickson presented information from the Swedeburg AEM flights (depth of EM signal 80 to 100 feet) and the Saunders County Groundwater Atlas showing generalized maps of groundwater flow direction and cross sections.

Recommended Motion

To approve the Variance Request of LPN-V-015-0427 for Martin Erickson for a new irrigation well to irrigate 151 new acres in the NE1/4, Section 20, T14N, R7E of the Swedeburg subarea which is a Restricted Development Area with listed variance conditions shown on the document "Variance Request Conditions for LPN-V-015-0427 for Martin Erickson Irrigation Well in NE1/4, Section 20, T14N, R7E of the Restricted Development Area"

6.C.1.b. Flow Meter Maintenance Program
Rationale

Request for Proposals for our Flow Meter Maintenance Program were sent out in early October with a deadline of November 1st.  Requests were sent to area irrigation supply companies, meter companies, well drillers and pump installers.

We have received replies from three companies and these are shown below.  With at total of ~330 sites for both SQS areas and inspected once every four years, that works out to ~83 inspections per year.

 

 Companies  McCrometer Tri-City Meters   Marx Repair
 Cost per Site Visit  $50 $55  $75 
 Cost for 83 Wells  $4,150  $4,565 $6,225

The Committee took no formal action, but asked staff to contact these companies for a price breakdown in replacement parts.

 

Requests were sent to the three companies.

 

Companies 

 McCrometer

 Tri-City Meters

 Marx Repair

 Propeller

$205

 $205

 $205

  Bearing Assembly

 $317

 $317 new or

 $192 rebuilt

$317

  Register 

 $208

 $178

 $208

  Canopy for Register

 $78

$39

$78

  Cable

 $9.10

$5.13

 $9.10

 Liner

 $9.10

$5.13

 $9.10

  Liner Stop

 $1.25

 $1.50

 $1.25

 Gasket for Saddle Meter

 $6.60

 $5.00

 $6.60

       

Labor Cost per hour for Repair

 $74 / meter

$65 / meter

 $65

 

After much discussion it was decided to hire Tri-City Meters to run the LPNNRD Meter Maintenance Program. A contract will be drafted for them to sign.

 

Recommended Motion

To approve Tri-City Meters as the company to hire for the LPNNRD Meter Maintenance Program

6.C.2. REGULATORY
6.C.2.a. GROUND WATER MANAGEMENT AREA
6.C.2.a.1. Well Permit Program
6.C.2.a.1.A. Well Permits Approved
Rationale

Seven new permits were approved since the last Committee meeting.

Landowner

Number Of Wells

Number Of New Irrigated Acres

Type Of Well

County

Subarea

Keith McBurney 1 0 Irrigation (Replacement)

Colfax

Schuyler
Elkhorn Crossing LLC 1 160 Irrigation (Approved Variance) Dodge Fremont East
Elkhorn Crossing LLC 160  Irrigation (Approved Variance)  Dodge  Fremont East 
Sylvia K Rodgers Trust Irrigation (Replacement)  Colfax  Schuyler 
James L and Ellen Ann Paulson  60  Irrigation (Approved Variance)  Saunders   Leshara Uplands
Elaine Eisenmenger  Irrigation (Replacement)  Platte  Middle Shell Creek 
Schmit Land Co  70  Irrigation (Replacement)  Butler   David City

 

 

 

 

 

 

The total number of approved permits for 2016 is 24.

Location of Approved Well Permits for 2016:  Correct as of 11/30/2016

County

Irrigation -New

Irrigation -Replacement

Stock

Commercial

Municipal

Other

Total

Butler 0 1 0 0 0 0 1
Colfax 0 3 0 0 0 1 4
Dodge 2 3 0 0 0 4 9
Boone 1 1 0 0 0 0 2
Madison 0 0 0 0 0 0 0
Platte 0 1 0 0 0 0 1
Saunders 3 2 1 0 0 1 7

Total

6

11

1

0

0

6

24

 

 

 

 

 

 

 

 

 

 

6.C.2.a.1.B. Birkel Request Well Permit Application
Rationale

Joe Birkel is requesting a new supplemental well to irrigate existing irrigated acres in the SE 1/4 NW 1/4 S29-16N-3E, Butler County, Octavia Subarea.  The new well will irrigate 90 certified irrigated acres that were previously irrigated with well G-008114.  Attached is a map showing the field in question and the test hole submitted by Mr. Birkel.  The current well G-008114 was drilled in 1946, with static water level of 44 ft., pumping water level of 64 ft., and well depth of 133 ft.

Attachments
Recommended Motion

*To approve the new supplemental well for Joe Birkel in the SE1/4 of the NW1/4, Section 29, T16N, R3E, in the Octavia Subarea of Butler County

6.C.2.a.2. Special Quantity Subareas
Rationale

SQS #1  (Butler-Saunders)

There are 30 irrigation wells in this area.  25 of these have a flow meter; the other five wells were not used in 2016.  22 of the 25 flow meter reporting forms have been returned.  Oaklund left message for those whose form has not yet been returned:  Ben Kastl (two); Daniel Kellner (one).  Both Kastl and Kellner called Oaklund the day of the Water Committee meeting – they will send in their flow meter reporting forms.

 

SQS #2 (Platte-Colfax)

Staff has continued checking flow meters and measuring water levels.  Flow meter cost-share applications continue to be received in the mail each day. 

Flow meter reporting forms are also being returned – 193 have been received so far

6.C.2.a.3. Lower Platte River Basin Water Management Plan Coalition (LPRBC)
Rationale

No new update.

 

6.C.2.a.4. Voluntary Integrated Water Management Plan - LENRD and LPNNRD
Rationale

No new update, still waiting on DNR.

 

6.C.2.a.5. Cost Share Programs
6.C.2.a.5.A. Irrigation Well Sample Kits
Rationale

Request for one kit was received in the mail on Monday November 28th (Terry Micek, Bellwood).  348 irrigation kits have been mailed so far in 2016.  Two of these kits haven’t yet been used – Charles Emanuel called Oaklund and said he would have them collected this week.  Five water samples were received in mid November. Three more water samples were received last week prior to Thanksgiving and these were taken to the lab in Lincoln.  Producers have collected 81 water samples since Labor Day.  All sample results received have been mailed to producers.

6.C.2.a.5.B. Flow Meter Cost Share Program
Rationale

 

6.C.2.a.5.B.1. Questions on Flow Meter Cost Share Program
Rationale

Two new questions have come up concerning the Flow Meter Cost Share Program.

  • We have received only ~190 flow meter readings of the ~300 required.  Staff recommends we hold cost share payment of those producers who have requested funds, but have not submitted their readings yet. Water Committee members agree with this.

 

  • In the past we have offered to pay full cost of a flow meter for those producers who are also in our GWEL Network.  Do we want to continue to do this?  The LPNNRD has 16 wells we measure within the SQS area #2 and currently we have requests from producers for 4 GWEL wells.  The staff proposal is that the WSF grant would pay the first portion of the cost of the flow meter, with the LPNNRD making up the rest.  After some discussion between Water Committee members and reviewing the current LPNNRD budget the Directors felt an upper limit of $1,000 dollars should be set for the combined total of WSF and LPNNRD funds for 8 inch meters.

 

Recommended Motion

*To approve an increase in flow meter cost share funding for wells within the LPNNRD Ground Water Energy Level Network and the Special Quantity Subarea for 8 inch Meters to $1,000 with $770 from the Water Sustainability Fund and $230 from LPNNRD and for 6 inch meters to $749 with $577 from the Water Sustainability Fund and $172 from LPNNRD

6.C.2.a.5.B.2. Flow Meter Cost Share in SQS #2
Rationale

As of November 29, 2016, we have received a total of 126 applications (see attached spreadsheet).  Several of these still need to be inspected to insure that the meter is installed properly.  

For December 12, 2016 Board Meeting, we will have a total of 57 cost-share applications to approve.
  49 x 8" meters or 49 x $770 = $37,730
  2 x 8" meter but GWEL wells so 2 x $1,000 = $2,000
        (WSF of 2 x 8" meter or 2 x $770 = $1,540)
        (LPN of 2 x 8" meter or 2 x $230 = $460)
6 x 6" meters or 6 x $577 = $3,462
   
For a Grand Total (WSF & LPN) of = $43,192
     (WSF total of $42,732)
       (LPN total of $460) 
   
So Running Total WSF Grant = $61,789 of $200,000 grant
  So Running Total LPN funds = $460

 

 

Recommended Motion

*To approve payment of cost share funds for Flow Meters in the Special Quantity Subareas #2 to well owners on the attached list using Water Sustainability Funding of $42,732 and Lower Platte North NRD funding of $460

6.C.2.a.6. Bellwood Phase 2 Area
Rationale


2016 is the fourteenth 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.

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

2015

0 to 32.3 ppm

43% (31 of 72)

8% (6 of 72)

49% (35 of 72)

2016

0 to 35.1 ppm

37% (25 of 68)

12% (8 of 68)

51% (35 of 68)

 

Hough Farms water sample of G-065461 collected in August had a 93.6 ppm result for G-065461. After talking with Tommy Hough it was determined that this sample was collected while they were chemigating at this well.  Oaklund arranged with Tommy Hough to re-sample this well.  The result of the second sample was 13.6 ppm, which is within the range of previous sample results (3.70 to 18.5 ppm).  [Note:  The 93.6 result was removed from the above table.]

 

2016 is the fourteenth 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.

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

2015

0 to 32.3 ppm

43% (31 of 72)

8% (6 of 72)

49% (35 of 72)

2016

0 to 35.1 ppm

37% (25 of 68)

12% (8 of 68)

51% (35 of 68)

 

Hough Farms water sample of G-065461 collected in August had a 93.6 ppm result for G-065461. After talking with Tommy Hough it was determined that this sample was collected while they were chemigating at this well.  Oaklund arranged with Tommy Hough to re-sample this well.  The result of the second sample was 13.6 ppm, which is within the range of previous sample results (3.70 to 18.5 ppm).  [Note:  The 93.6 result was removed from the above table.]

 

2016 is the fourteenth year for this Phase 2 Area.  Phase 2 information packets were mailed to producers in June, before the start of irrigation.

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

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

2015

0 to 32.3 ppm

43% (31 of 72)

8% (6 of 72)

49% (35 of 72)

2016

0 to 35.1 ppm

34% (25 of 73)

11% (8 of 73)

55% (40 of 73)

 

6.C.2.a.7. Richland - Schuyler Phase 2 Area
Rationale

2016 is the first year of this Phase 2 Area.  There are 45 registered active irrigation wells in the ten sections of this new 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

2016

1.47 to 41.8 ppm

29% (9 of 31)

6% (2 of 31)

65% (19 of 31)

 

 

 

 

 

 

 

 

6.C.2.a.8. Richland - Schuyler Phase 3 Area
Rationale

 

2016 is the first 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.  

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

2015

0 to 53.3 ppm

23% (55 of 238)

12% (29 of 238)

65% (154 of 238)

2016

0 to 50.5 ppm

25% (58 of 228)

10% (22 of 228)

65% (148 of 228)

 

 

6.C.2.a.9. LPNNRD Operator Certification
6.C.2.a.9.A. LPNNRD Operator Certification Classes
Rationale

 

Steve Semin completed online test the week of November 28th.

Cert #

Cert date

Name

Re-cert

Comments

6725

11/28/2016

Steve Semin

Yes

#5096 expired 4/1/2016

 

 

 

 

 

Staff will meet with UNL County Extension Educators to set up class schedule for 2017.

6.C.2.b. CHEMIGATION
Rationale

November 1st was the deadline for new and renewal inspections to be completed or they would lapse. Therefore, for 2016 we have 478 renewals and 95 new permit applications for a current total of 573.  In 2015 we had a total of 515 chemigation permits.

 

6.C.2.c. LIVESTOCK WASTE PERMITS
Rationale

No new livestock permit applications from DEQ since the last Water Committee meeting.

6.C.3. GROUND WATER PROGRAMS
6.C.3.a. DECOMMISSIONED WELL PROGRAM
6.C.3.a.1. Well Estimates
Rationale

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

 

6.C.3.a.2. Plugged Wells
Rationale

One well has been plugged, reviewed, and ready for cost share payment approval this month.

 Well Owner Type of Well  Cost Share Estimate  County 
Louis Kavan 18" Stock Well $639.91 Saunders







Recommended Motion

*To approve cost share funding to decommission the stock well of Louis Kavan for $639.91 in Saunders County

6.C.3.b. LOWER PLATTE NORTH NRD GROUND WATER STUDIES
6.C.3.b.1. Eastern Nebraska Water Resources Assessment (ENWRA)
Rationale

No new updates.  The next technical meeting will be held in conjunction with the NARD Legislative Conference in Lincoln at the end of January.

 

6.C.3.b.2. Platte and Elkhorn River Valley Integrated Water Monitoring
Rationale

A previous study in the mid-1990’s by the LPNNRD (“Platte River - Sandpit Level Recorder Study”) established a hydrologic connection between the Platte River and adjacent sand pits, including the sandpits at the Game & Parks Two Rivers State Recreation Area.  Many geologists and hydrologists theorized that ground water from the Platte River south of Fremont was flowing toward the Elkhorn River, but the quantity was unknown.  

This new study is to determine that amount and is a cooperative effort  between Papio-Missouri NRD (lead agency), Lower Platte North NRD, and U.S. Geological Survey for real time continuous monitoring of ground water energy levels and stream flow between the Platte River at the Leshara stream gauge and Waterloo stream gauge on the Elkhorn River.  This is a two year study, which commenced in 2016.  

 

6.C.3.b.3. Lower Platte River Consortium
Rationale

 

Municipal wellfields in the Lower Platte River Basin depend on the Platte River to recharge the groundwater for their use.  This study will look at long term water supplies in the Lower Platte River Basin, and the ability to enhance streamflow, especially in drought conditions, to sustain these municipal water systems. Sustaining water in the river would also provide a benefit to wildlife and agriculture by lessening the likelihood of a ‘call’ on the river.  Due to different hydrologic conditions in the Platte River, such as gaining and losing segments, siting of future reservoirs, groundwater storage projects, etc. becomes important in order to most effectively move water to a desired location downstream.

Agencies involved in the study are the Lower Platte South NRD (lead agency), Lower Platte North NRD, Papio-Missouri NRD, City of Lincoln/Lincoln Water Systems, the Nebraska Department of Natural Resources, and the Metropolitan Utilities District.  The year 2016 is the first year of the project and currently funding is being sought with the U.S. Bureau of Reclamation Water Smart Grant and the Nebraska Water Sustainability Fund Grant (WSF).

 

6.C.3.c. GROUND WATER ENERGY LEVELS
Rationale

Attachment is the Ground Water Level summary comparison of Fall 2015 to Fall 2016.

Staff completed collection of the Fall measurements in November.  The David City subarea had the largest declines both in terms of number of sites and depths.  The sites in the area from David City to the Sabata monitoring wells were consistently about 7½ feet lower this fall.  Normal Spring to Fall readings typically have a 15 to 20 foot decline, so the 7.5 foot decline is actually less than normal.  This aquifer is strongly confined and the pressure in the aquifer usually returns by June 1st of the following year.

Oaklund reviewed the hydrographs for each well in our GWEL Network

  • Two Platte Valley sites [PV-5B & PV-6] had “high points”
  • Three Upland sites [UP-30, UP-36A, UP-39] had “high points”
  • Several Todd Valley sites [ten] had “high points”.  We had received calls in May, June, from Village of Colon regarding basement flooding and high water table

 

6.C.3.d. FORMER ORDNANCE PLANT NEAR MEAD
Rationale

The latest Open House meeting was held on November 16, 2016 at the Yutan VFW Country Club.  Topics presented included the 2015 Containment Evaluation, Recent groundwater quality results from sampling efforts in the Omadi Sandstone bedrock, and the new investigation into buried ordnance (see attached newsletter).

  • The 2015 Containment Evaluation uses sampling results and groundwater modeling to determine if the contaminate plumes are still in containment.  With this evaluation the Army Corps of Engineers feels the plumes are in containment.
  • The Omadi Sandstone sampling (part of the Dakota sandstone formation) was done at 13 sites with 3 to 4 monitoring wells per site drilled to different depths.  Eleven sites were clean or non-detect while the other two (MW-86 and MW-100) had RDX at less than 2 ppb, which is below the health standard and clean-up goal.
  • A new investigation will be done for possible buried ordnance in the potential landfill area near the NRD reservoir and a larger area south of Load Line 1.  These areas were last looked at in the late 1990's.  Using robotics a more thorough investigation is now possible. 

6.C.4. SURFACE WATER PROGRAMS
6.C.4.a. USGS STREAM FLOW GAUGING SITES
Rationale

Attached is the Joint Funding Agreement for 2017 between LPN and USGS for continued stream flow gauging on Wahoo Creek at Ashland and Shell Creek near Columbus, plus continued monitoring of ground water levels at ARDC.  LPNNRD portion is $16,725 which is our budget.

 

Recommended Motion

*To approve the Joint Funding Agreement between US Geological Survey and the Lower Platte North NRD for stream gauging on Wahoo Creek at Ashland and Shell Creek near Columbus and the continuous reading ground water monitoring well located on University of Nebraska Property at the Agricultural Research and Development Center at a cost of $16,725

6.C.5. OTHER
6.C.5.a. GMDA ANNUAL CONFERENCE
Rationale

Last call on the GMDA conference set for January 9 - 11, 2017 in Ft. Worth, Texas.  Conference announcement is attached.  The conference agenda and other details are on the Conference website www.gmdaconference2017.com.  Birkel and Meduna expressed interest in attending the conference.

 

Attachments
6.C.5.b. COMMENTS FROM THE PUBLIC
Rationale

The following people were in attendance at the Water Committee meeting:

Martin Erickson

Leanne Koeppe

Don Koeppe

========================

The Water Committee adjourned at 7:20 pm.

 

6.D. Projects Committee - Action as Required
6.D.1. UNFINISHED BUSINESS
Rationale

No unfinished business to discuss.

6.D.2. SWCP
Rationale

Gottschaulk presented the updated SWCP Spreadsheet as attached to the Projects Committee Minutes. 

Attachments
6.D.2.a. SWCP Application Approvals
Rationale

Larry Muhle         Colfax Co.           Emergency Terrace/Basin Repair     $ 1,000.00

 

Recommended Motion

*To approve the SWCP application for Larry Muhle for $1,000 as shown the the Projects Committee Minutes

6.D.2.b. SWCP Payments
Rationale

15-B-5     William Perk     Terraces/Tile     $ 11,408.59

 

Recommended Motion

*To approve the SWCP payment for William Perk totaling $11,408.59 as shown in the Projects Committee Minutes

6.D.2.c. SWCP Cancellations
Rationale

None

6.D.2.d. Nebraska Buffer Strip Payments
Rationale

Nebraska Buffer Strip Program 2016 Payments

 

Charles Barjenbruch            9.5 acres                   $     229.24  
James Barjenbruch             13 acres                    $     341.77
Lavaine Gaskill                    5.5 acres                   $     155.38
Hill Valley Farms                 16.5 acres                 $  3,712.50
Rodney Julsen                     23.1 acres                 $  5,197.50
Ed Luetkenhaus                   4 acres                      $     900.00
Francis Shanle                     9.5 acres                   $     247.00
Ronald Anderson                12.9 acres                   $     759.93
Tom Sprunk                        15.4 acres                  $  3,465.00

                              TOTAL 2016 PAYMENTS:  $  15,008.32

Recommended Motion

*To approve nine Nebraska Buffer Strip payments totaling $ 15,008.32 as shown in the Projects Committee Minutes

6.D.2.e. Wahoo Creek Cost Share Approvals
Rationale

None

6.D.2.f. Wahoo Creek Grant Payments
Rationale

Ed Sladky        Septic System upgrade     $ 3,300.00

Recommended Motion

*To approve the Wahoo Creek Grant payment to Ed Sladky totaling $3,300 as shown in the Projects Committee Minutes

6.D.2.g. SWCP Policy Changes
Rationale

NRCS District Conservationist, Mark Walkenhorst and Jami Thoene were present to discuss some suggested changes to our Soil and Water Conservation Program.   Attached is our Policy showing Mark's and Jami's suggested changes which would allow small project applicants to apply directly for LPNNRD funding instead of first applying for federal EQIP funds.  By allowing small projects to by-pass the EQIP application process, it will help NRCS operate more efficiently as these small projects applications generally do not rank out high enough for EQIP assistance but require as much work to evaluate as a large project.

Attachments
6.D.3. WATERSHEDS
6.D.3.a. Shell Creek Watershed
Rationale

 

6.D.3.a.1. Shell Creek Environmental Enhancement Plan Implementation
Rationale

NDEQ has notified us that EPA has approved the Shell Creek Environmental Enhancement Plan Implementation. This is a long awaited huge step as we can now move forward with completing four designed creek bank and tributary stabilization projects.  

The largest of the designed group of project ("Kramer Bank Stabilization Project") which is to stabilize the Shell Creek bank located near Colfax County's bridge (C001901915) on County road 10, just north of road H.  We just learned that the Army Corp's of Engineers has issued the 404 permit to proceed.  We have a planning meeting with NDEQ at 10:00 a.m., Thursday, December 8, 2016, at the Columbus NRCS Office, to discuss next steps.  We have about $145,000 of approved NET grant funds and it appears that will could have another $100,000 - $150,000 available from NDEQ to assist with these projects.  Hopefully we can get all four projects constructed in 2017. 

 

6.D.3.b. Wahoo Creek Watershed
6.D.3.b.1. Wahoo Creek Watershed Water Quality Plan Phase II
Rationale

Mountford has been working with NDEQ on completing a Project Implementation Plan for Wahoo Creek Watershed Water Quality Plan Phase II.  As you may recall, we have $106,000 approved from the Nebraska Environmental Trust and are working to increase our initial $168,215 grant approval from NDEQ to $265,950. These funds will be combined with LPNNRD and Saunders County funds to hopefully build at least three multi-purpose road dams in the Wahoo Creek Watershed.  One of the many benefits of these dams will be flood reduction.  Mountford met with Saunders County Road Superintendent Steve Mika on November 29 to inspect several potential road dam sites.   Other grant and EQIP funds will be used to help complete landowner conservation practices during this project phase. 

6.D.4. LOWER PLATTE RIVER CORRIDOR ALLIANCE
6.D.4.a. LPRCA Monthly Report
Rationale

Miyoshi and Mountford attended the November 15th quarterly LPRCA meeting at Papio NRD.  A  meeting has been scheduled at the Army National Guard Camp at Ashland on February 24, 2017, with Board members from LPNNRD, LPSNRD and PMRNRD to discuss the future of the LPRCA.   As you know, we are presently a non-dues paying member, but involved with a few prior commitments.  As discussed last month, one of biggest topics for continuing with the Alliance is the opportunity with the upcoming Army Corp's of Engineers Lower Platte River new Watershed Restoration Authority.  This authority may lead to new federal funding opportunities for various projects in the Lower Platte River Watershed.  Another topic that was mentioned was the importance of completing the LPRCA Water Quality Plan that has been underway for a couple years.

After the Projects Committee Meeting, Dave Potter, LPSNRD Assistant Manager, sent the attached November 15th LPRCA minutes which note that NDEQ is willing to provide a grant for $17,225  (50%)  to help with the total cost of $34,450 to complete the LPRCA Water Quality Management Plan. The remaining $17,225 will need to be a non-Federal match which is proposed to be divided three ways by LPSNRD, PMRNRD and LPNNRD.  The expected cost to each of the three NRDs to complete this effort would be $5,741.67.

To date, LPNNRD has been an equal partner on completing this plan, that when finished, will encompass the majority of our district that is not covered by our Shell Creek and Wahoo Creek Water Quality Plans.  This would only leave about the eastern 1/3 of Dodge County in LPNNRD that would not be uncovered by a plan.   As we have witnessed with completing our Wahoo Creek and Shell Creek Watershed Water Quality plans, opportunities emerged for receiving state and federal funding assistance from NDEQ and NET for various priority projects.  

We have been asked that at this topic be discussed at our December 12th Board meeting  to know if we will continue to be equal partners with LPSNRD and PMRNRD to complete the LPRCA Watershed Water Quality Plan and provide up to $5,741.67 toward this effort.

 

Attachments
6.D.5. OTHER
6.D.5.a. Army COE 205 Projects
6.D.5.a.1. Fremont 205
Rationale

The Corps of Engineers and our non-federal partners met on Nov. 10 in Fremont. The COE has informed us that the cost of the project is now estimated to be over $150 million causing the cost benefit ration to go below 1:1. The Corps has stated the best way to ensure federal funding is to have a ratio of 1-1.5:1. By the Corps estimates the project cost would have to be around $90 to be 1:1. It will be difficult to cut $60-65 million from the current design.

FYRA Engineering has performed a Hydrological and Flood Frequency Analysis on the Platte River for the Papio NRD from the Louisville area to the confluence of the Missouri River. As part of this study, the previous flood frequency analyses were investigated to ascertain the nature of the large divergence in the most recent flood frequency analysis. They are estimating that discharges are of lesser value which in turn could affect the entire Platte River corridor, therefore affecting the Fremont Study.  FYRA suggests a two-step approach; first we have to spend 3-4 days to figure out if the number is wrong.  This involves data/report review, model and gage analysis.  If we do find that the number is wrong, it will take another 3-4 days to calculate the new number…so each step w/ Bob’s time would be conservatively estimated at 32 hours at $125/hr = $4,000.00.

The potential benefit is huge.  The summary of the work we did on the Platte River study pertaining to the Louisville gage analysis and this was reviewed and accepted by the USACE and we are now working w/ FEMA, but they have seen it and know it’s coming.  If we can get a similar reduction in the Fremont area, what Bob says is now some very shallow flow depths in the project area may be able to be reduced to significantly narrow up the floodplain/floodway width.  While he has not looked specifically in this area yet, Bob is confident that since this was all done as part of the same study, we are likely to see similar errors from the study in the Fremont area as well…

We will also look at the seasonal vs. annual discharges.  If we were able to use the annual discharge the reduction would have been even greater.

Our non-federal partners would like to meet and discuss all the above situations.

 

6.D.5.a.2. Schuyler 205
Rationale

Kohl Construction from Schuyler has been hired to preform the highway ditch cleaning contract.

6.D.5.b. Shell Creek Landowner Levee Project Update
Rationale

Director Bailey reported that the project has received a no-rise certificate and are now waiting for levee height information from the Army COE before proceeding. 

6.D.5.c. Review of Projects Financial Statement
6.D.6. WESTERN SARPY/CLEAR CREEK LEVEE REPORT
Rationale

No new business to report.  We are still waiting for the completed operations and maintenance manual from the Army Corp's of Engineers which is due by the end of the year.

7. Additional Action Items
Rationale

None

8. Approval of Bills Pending
Attachments
Recommended Motion

Motion to approve bills pending as presented

9. Consent Agenda Adoption
Attachments
Recommended Motion

Motion to approve Consent Agenda as presented

10. Comments from Directors/Guests
11. Meeting Establishment/Adjournment
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.