MEETING OF THE BOARD OF DIRECTORSPLUM CREEK CONSERVATION DISTRICTLOCKHART, TEXAS 78644
December 1gth, 2023
Notices of this regular meeting were posted in the Caldwell and Hays County
Courthouses at least 72 hours prior to the meeting. Receipts of the notices areon file in the office of Plum Creek Conservation District.
Checks were reviewed and signed just prior to the call to order by
Treasurer/Secretary, Mrs. Lucy Knight.

l:00 PM

1:00

The meeting/hearing was called to order by President of the Board, JamesHolt. The following Board members were present: Peter Reinecke (VicePresident), Lucy Knight (Secretary/Treasurer), Fred Rothert (Director) andTom Owen (Director). PCCD Attorney Bob Wilson, PCCD Geologist FeathergailWilson and Jean Ann Maynard, PCCD Contract Consultant attended via
ZOOM). PCCD staff members Daniel Meyer, Nora Lopez-Castillo, Alan
Burklund, and Tyler Farco were present. Nora Lopez-Castillo transcribed theminutes.

pM President Holt requested public comments. There were no public comments

1:00 PMPresident Holt requested motions or comments regarding the minutes of theregularly scheduled meeting held on November 21st,2023. Mrs. Knight madea motion that the minutes of the regularly scheduled meeting held on November 21s1, 2023, be accepted as mailed out. Mr. Reinecke provided the second
and the motion was approved unanimously.

l:01PMPresident Holt requested motions or comments regarding the minutes of theDeposits and Fee Schedule Hearing and Meeting held on November 27th,
2023. Mrs. Knight made a motion that the minutes of the Deposits and Fee
Schedule Hearing and Meeting held on November 27thh, 2023, be accepted
as mailed out. Mr. Owen provided the second and the motion was approved
unanimously.

l:01PM

President Holt asked if there was any unfinished business that required theBoard of Directors' attention. Mr. Meyer stated that there was no unfinishedbusiness.

President Holt requested discussion of agenda item Vl regarding the contract
between Doucet and PCCD for the Site 28 Surveying Project. Mr. Meyer stated that the surveying contract included three primary items: (1) surveying adjacent properties between the Stephens property and the neighboring property
to ensure that the land needed for new works of improvement did not need tobe extended into other properties, (2) surveying the complete works of improvement area, and (3) surveying upstream to an elevation of 477 .5 teet
l:02 PM AMSL. Mr. Meyer stated he had received an email from Doucet stating they
were okay with the contract and were working on obtaining the appropriate
signatures. Mr. Bob Wilson stated that the land rights letter would need tostate that the survey had not been completed, but if further land rights wereneeded, PCCD could negotiate to obtain or condemn any additional areas
needed to complete the rehabilitation project. Mr. Owen made a motion to approve the survey contract. Mrs. Knight provided the second and the motion
was approved unanimously. Mr. Holt signed the contract.

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l:06 PMl:17 PM

l:21PM

President Holt requested discussion of agenda item Vll regarding amending
PCCD's Deposits and Fee Schedule. Mr. Meyer informed the Board that therequired public hearing was held. Mr. Meyer reminded the Board that theamended schedule would include: (1) a fee for submission of an easement
use application, (2) fees for legal or engineering reviews, (3) a penalty fee forwork commenced prior to approval of an application, and (4) an increase in
the out-of-district transportation fee to 20 cents per 1000 thousand gallons inaccordance with House Bill 3059. Mr. Meyer informed the Board that House
Bill 3059 specified that any export fees collected by the District could only beused for addressing impacts to groundwater development, such as monitoring, mitigation, and/or developing alternative groundwater resources. Mr.
Meyer stated if the Board approved the amended schedule, PCCD would
need to create a line item in its budget to keep track of these fees and associated expenditures. Mr. Bob Wilson informed the Board that PCCD could negotiate transportation fees, if needed, but the fee could not be higher thanwhat was approved on the amended schedule. Mrs. Knight made a motion toapprove the resolution and attached amended PCCD Deposit and Fee
Schedule. Mr. Rothert provided the second and the motion was approved
unanimously.
President Holt requested discussion of agenda item Vlll regarding four
amendments to extend the cooperative agreements for the Site 21 Rehabilitatio n P roject ( PL U M2 1 -RH B- ES F -530-21-AM E N D 2, PLUM21 -AD D-ST2-026-22-AMEND 2, PLUM21 -RHB-ESF-508-20-AMEND 2 and PLUM21-RHBFED-002-20-AMEND 4). Mr. Meyer stated that the funds for the rehabilitation
project were set to expire on 1213112023; however, the project would not becompleted by that date. Mr. Meyer stated that none of the agreements included additional funding. Mr. Meyer stated that three of the agreements
would extend the date to 1213112024 and the fourth extended the date to0T13112024, when funds would expire. Mrs. Knight made a motion that theDistrict enter into the four agreements, which would extend three agreements
to 1213112024 and one to 0713112024. Mr. Owen provided the second andthe motion was approved unanimously.
President Holt requested discussion of agenda item lX regarding the Site 2
Rehabilitation Project matters. Mr. Meyer informed the Board that after theNovember 2023 meeting, he was contacted by Brad Bechtol of MAC, lnc.
Mr. Bechtol requested that Mr. Meyer inquire whether the Board would be interested in discussing the following two items: (1) options in which the District would release the default damages against MAC and MAC, in turn, would
not file a claim against the District for MAC's purported damages and (2) rediscussing planting both the spring and winter seed at the same time. Mr.
Meyer stated he told Mr. Bechtol that he would inform the Board of these requests. Mr. Meyer also stated he had informed Mr. Bechtol that he would
need to speak with Jean Ann Maynard, PCCD Contract Consultant, to ensurethat any decisions made would abide by the terms of the contract. Mr. Meyer
also informed Mr. Bechtolthat because Texas State Soil and Water Conservation Board (TSSWCB) would be responsible for paying part of the default
damages, they would also need to be involved. During the Board meeting,Jean Ann Maynard explained the claims process to the Board Members. TheBoard decided not to act on these requests, citing an agreement had alreadybeen reached at the November 23'd Board Meeting. ln addition, the Board
decided not to release the retainage that had been previously approved.

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l:43 PM

2:09 PM

2:09 PM

2:10 PM

2:50 PM

President Holt requested discussion of agenda item X regarding GMA 10 lnterlocal Agreement (lLA). Mr. Meyer stated that Medina County's lawyer wasstill reviewing the proposed lLA. Mr. Bob Wilson stated that the Plum Creek
Conservation District was part of GMA 10 and there was a proposal to havean ILA between the GMA 10 members to hire Collier Consulting as a technical consultant and designate PCCD as the Contract Manager. Mr. Bob Wilson stated that the costs would be divided by each District according to howmuch consulting work would be required for their District. Mr. Meyer reminded the Board that under Chapter 36 of the Texas Water Code, PCCD was required to be a GMA member, to develop DFCs, and perform modeling work,and submit an explanatory report to the Texas Water Development Board(TWDB). The Board asked what PCCD's cost would be. Mr. Meyer statedthat PCCD would be responsible for approximately $21,000. During the discussion of this agenda item, the Board requested a clause be added to thelLA, which stated each District would be required to reimburse PCCD for contract administration costs. Mr. Bob Wilson also stated he would ensure that
the ILA stipulated if a member did not sign the lLA, none of the work would bedone for that district. The Board requested the GMA 10 ILA be on next
month's meeting agenda for further consideration.
President Holt requested discussion of agenda item Xl regarding a contract
between PCCD & Collier Consulting to assist GMA 10 in developing DFCsand performing modeling. The Board requested this item be on next month's
meeting agenda for further consideration.
President Holt requested discussion of agenda item Xll regarding Resolution
to authorize PCCD's Executive Manager to amend the contract with Collier
Consulting. The Board requested this item be on next month's meeting agenda for further consideration.
President Holt requested a report from the PCCD Geologist, Mr. Feathergail
Wilson. Mr. FeathergailWilson informed the Board that Harmony Desalting
had been awarded a partial grant by the Bureau of Reclamation for a desalination project northeast of Lockhart. Mr. FeathergailWilson spoke in depth
about possible drilling issues that might be encountered, the type of wellequipment that would be needed for this project, and the proposed location ofthe well in relation to other wells in that area. Mr. Bob Wilson and the Board
asked for clarification on what PCCD's role would be in this project. Mr. Meyer reminded the Board that at the April 2023 Board meeting, Dr. Weiwith
Harmony Desalting gave a presentation on the desalination project andasked if the Board would be interested in providing a site location and funding
assistance, which were requirements of the grant process. After the presentation, the Board told Mr. Wei that once he had more information regarding
the grant and project, he could return to the Board for further consideration.
Mr. Meyer stated that after that meeting, he informed Dr. Wei that PCCD
could not host the site because the District did not own property and any
funding would need to be approved by the Board. Mr. Meyer informed theBoard that Dr. Wei would be attending the January 2024 Board meeting toformally request funding assistance from PCCD. Mr. Feathergail Wilson'spresented a slideshow including a pie chart comparing the amount of saline
water available in the Edwards Aquifer versus the amount of fresh water
available in the Wilcox-Carrizo. Mr. Feathergail Wilson stated that drought
conditions persisted in parts of Central Texas.
President Holt requested a report from the NRCS' District Conservationist,Mr. Jeremy Hasty. Mr. Hasty was not in attendance.

42:50 PM

President Holt requested a report from the PCCD Executive Manager, Mr.
Daniel Meyer. Mr. Meyer stated that the District had been working on thetransfer of three groundwater permits due to a change in ownership. Mr.
Meyer informed the Board that PCCD staff were still actively searching for adriller to drill the Wilcox monitoring well. Mr. Meyer showed slides of thecompleted Site 10 rehabilitation project. Mr. Meyer also informed the Board
that the final payment to Solid Bridge Construction for the campsite relocation
had been made. Mr. Meyer gave an update on Site 21 and stated that theroller-compacted concrete (RCC) repairs were being done, which included
removal of loose concrete, power washing, placement of anchor screws withstainless steel reinforcing, and application of shotcrete. Mr. Meyer gave anupdate on Site 31 and stated access to the dam was difficult. Mr. Meyer stated that there was quite a bit of erosion next to the access gate. Mr. Meyer
stated he was considering adding fill and planting seed to provide adequate
access for heavy equipment. The Board asked the PCCD staff to research
the cost of installing a concrete pad in this area and changing the location/
direction of the fence and gate. Mr. Meyer gave an update on the damage tothe auxiliary spillway berm and culvert at Site 12 and stated the responsible
party had informed him they were waiting for a survey to be completed before
they could begin devising a repair plan. Mr. Meyer gave an update on Site
12. Mr. Meyer informed the Board that he had received an email from Mark
Northcut from NRCS that stated PCCD needed to notify NRCS as soon as
PCCD was ready to begin the construction portion of the rehabilitation project. Mr. Meyer stated a 404 permit and land rights letter were still needed forSite 12. Mr. Meyer gave an update on Site 28 and stated PCCD planned toput a bid packet together in January 2024 and hold the bid opening in February 2024.

3:15 PMPresident Holt requested a report from PCCD's Attorney, Bob Wilson. Mr.
Bob Wilson stated he had no further comments.

3:15 PMPresident Holt requested discussion of agenda item Xll reimbursements tostaff for expenses incurred in 2023. Mrs. Lucy Knight made a motion to reimburse the staff for expenses incurred throughout 2023 in the amount of$350.00 Mr. Owen provided the second and the motion passed unanimously.

3:15

PM President Holt requested public comments. There were no public comments

3:15 PMMr. Reinecke made a motion to adjourn. Mr. Rothert provided the secondand the motion to adjourn passed unanimously.

k,Yt*n-'"'/ *,r"sident{.
Vice-President