MEETING OF THE BOARD OF DIRECTORSPLUM CREEK CONSERVATION DISTRICT,LOCKHART, TEXAS 78644
July 19th, 2016

Notices of this regular meeting were posted in the Hays and Caldwell County
Courthouses at least 72 hours prior to the meeting. Receipts of the notices
are on file in the office of Plum Creek Conservation District.
Checks were reviewed and signed, just prior to the call to order, by Vice
President, James O Lipscomb.
1:00 PM

1:00PM

1:01PM

1:01PM

1:03PM

l:OSPM

1:25PM

1:25PM

1:42PM

The meeting was called to order by President of the Board, James Holt, withthe following Board members present: James Lipscomb (Vice President), Lucy Knight (Treasury/Secretary), Ben Twidwell (Director), Peter Reinecke(Director), and Fred Rathert (Director). Also present were Bob Wilson(Attorney), Eddie McCarthy Ill (Attorney), Feathergail Wilson (PCCD Geologist), and PCCD staff Johnie Halliburton, Karen Bassett, and Dan Meyer.
Minutes were transcribed by Karen Bassett.
President Holt requested motions or comments regarding the minutes of thepreliminary hearing/meeting held on June 21st, 2016. Mr. Lipscomb made amotion that the minutes of the preliminary hearing/meeting held on June 21st,2016 be accepted as mailed out. Mr. Rathert provided the second and themotion was approved unanimously.
President Holt requested any unfinished business that required the Board ofDirectors' attention. Mr. Halliburton explained that there was no unfinishedbusiness.
President Holt requested discussion of item IV of the agenda. Mr. DanielMeyer then updated the Board on the Hays Caldwell Public Utility Agency(HCPUA) application and explained that it was administratively complete.
President Holt requested discussion of item V on the agenda. Mr. DanielMeyer discussed the Groundwater Management Area 10 and 13 Desired Future Conditions' (DFCs') hearing minutes. Mrs. Knight made a motion to approve the minutes for the May 1ylh, 2016, and June 21 5 \ 2016, GMA 10 and
13 DFCs' hearing minutes. Mr. Rathert provided the second and the motion
was approved unanimously.
President Holt requested discussion of item VIII on the agenda. Mr. DanielMeyer reported to the Board that the DFCs for 2015 were compliant.
President Holt requested the Plum Creek Conservation District's quarterly investment report. Mrs. Knight reviewed and signed the PCCD investment report.
President Holt requested discussion of item VI on the agenda. Mr. Halliburton discussed the Emergency Watershed Program funding for floodwater
damage in the last 12 months. Mr. Steve Bednarz with the Texas State Soiland Water Conservation Board, Mrs. Lori Ziehr, and Mr. Ronnie Skala with
the Natural Resources Conservation Service then discussed and answeredquestions regarding the EWP funding for floodwater damage in the last 12months. Mr. Lipscomb made a motion to apply for the EWP funding for floodwater damage in the last 12 months. Mrs. Knight provided the second andthe motion passed unanimously.
President Holt requested discussion of item VII on the agenda. Mr. Halliburton and Mr. Bob Wilson discussed the final supplemental watershed plans forthe upper plum creek sites 10, 12, 21, and lower plum creek site 28. Mr.
Ronnie Skala with NRCS then discussed and answered questions. Mrs.

2

Knight made a motion to sign the supplemental watershed plans for the upper
plum creek sites 10, 12, 21, and lower plum creek site 28. Mr. Lipscomb provided the second and the motion was approved unanimously.

2: 10PM President Holt requested a report from PCCD's Geologist, Mr. William Feath-ergail Wilson. Mr. Feathergail Wilson gave a slide show presentation on damgeology units and lithology. Mr. Feathergail Wilson discussed the Carrizo
stratigraphy cross-sections on TH 1 and TH 2 HCPUA test wells.
2:32PM President Holt requested a report from the NRCS' acting District Conserva-tionist, Mr. Robert Martinez. Mr. Martinez was not in attendance.
2:32PM President Holt requested a report from the PCCD's Assistant Manager, Mr.

Daniel Meyer. Mr. Meyer reported that he had attended the Caldwell Travis
Soil and Water Conservation District meeting July ?1h, 2016 and stated that on
July 1ih, 2016 he attended the City of Buda meeting regarding their waste
water permit application. Mr. Meyer informed the Board that on July ?1h,2016, PCCD had renewed a permit for Dr. Joe Smith for 200 ac/ft/yr. Mr.
Meyer, lastly, discussed a calendar for the upcoming tax rate hearings that
PCCD is required to have.

2:36PM

President Holt requested a report from the PCCD's Executive Manager, Mr.
Johnie Halliburton. Mr. Halliburton updated the Board on the site 6 rehabilitation project and stated that everything was moving along good. Mr. Halliburton informed the Board that the second application of fertilizer and herbicide
had been applied. Mr. Halliburton mentioned that PCCD was in the processof removing debris in the McMahan area. Mr. Halliburton then discussed thatat site 21 there were two large erosion issues in the berm area that were discovered and that PCCD had them repaired.
President Holt requested a report from the PCCD's Attorney Mr. Bob Wilson.

2:40PM Mr. Bob Wilson briefly mentioned that Mr. Halliburton had pre-filed his testi-

mony on the landfill application. Mr. Bob Wilson mentioned that the prehearing conference would be August 101h, 2016, and that the hearing would
be August 151\ 2016 in Austin Texas and that it was scheduled to run for twoweeks.
2:46PM President Holt requested any public comments. Mrs. Anne Clark a residentof Lockhart, Texas addressed the Board with questions and concerns regarding the application for two water well production permits and a transportation
permit from the Hays Caldwell Public Utility Agency. Mrs. Clark stated that
her husband, Mr. Bill Clark, had hand delivered five identical letters to PCCD
but that the letters were not seen by the Board. Mrs. Clark had mentioned, inregards to the June 21st, 2016 preliminary hearing/meeting, that the staff had
stated that there were no requests for contested case hearings, no requests
for party status, and no formal protests. Mr. Eddie McCarthy, PCCD's Attorney, then responded to the Board in regards to the five hand delivered lettersthat were mentioned by Mrs. Clark stating that Mrs. Clark was correct in saying that there were five identical letters delivered to the District prior to theJune 21st, 2016 preliminary hearing/meeting. Mr. McCarthy stated that theseletters were addressed to the District and to the Board, that the staff saw theletters and that the staff sent the letters to him and Mr. Bob Wilson as thePCCD counsel. Mr. McCarthy stated that the letters in question merely stated that the individuals were opposed to the permit because of how the City ofBuda dealt with their water pollution and septic systems in Buda. Mr. McCarthy stated that PCCD was not dealing with the City of Buda and that PCCD
was dealing with the permit application from HCPUA. Mr. McCarthy then stated that Mrs. Clark was also correct in saying that there were no requests forcontested case hearings, no requests for party status, and no formal protests
at the June 21st, 2016 preliminary hearing/meeting. Mr. McCarthy informed

3

informed the Board that the letters were in the file of the permit applicationand during the permit hearing proper opposition would be entered into therecord of that proceeding as well as the HCPUA's response to the letters thatwere submitted. Mr. McCarthy stated that the individuals were told in the initial notice that PCCD's rule 31 stated that if they wanted to be party status
they needed to be at the preliminary hearing which was June 21st, 2016, toexplain why they should have party status, and to formally protest. Mr.
McCarthy, lastly, stated that none of the individuals, in regards to the five letters, were at the June 21st, 2016 preliminary hearing. President Holt thanked
the public for their questions and comments. Mr. Bob Wilson informed theBoard and the public of ex parte communications and explained that theBoard can only talk about the substance of particular things when there is notice to everybody involved in the hearing.

3 2:o PMMr. Twidwell made a motion to adjourn. Mr. Lipscomb provided the second
and the motion to adjourn passed unanimously.

CJa211-w G~R n
President}';/\r
Vice President