PLUM CREEK CONSERVATION DISTRICT BOARD POLICYon

MODIFICATION OF AND CONSTRUCTION OR OTHER OPERATIONS WITHIN THE
DISTRICT'S EASEMENTS

WHEREAS: when originally formed, the territory within Plum Creek Conservation District
was largely agricultural; andWHEREAS: When formed the District acquire a number of easements to be a local sponsor
for a small watershed floodwater control project in Texas for the Plum Creek Watershedin Hays and Caldwell Counties under US Public Law 83-566; andWHEREAS: since acquiring the easements to act as Local Sponsor under PL 83-566 much ofthe territory within the boundaries of Plum Creek Conservation District has become
urbanized and that trend is expected to continue; andWHEREAS: the urbanization and a history of requests made by landowners of underlying
property over which the District holds easements related to the small watershed
floodwater control project has produced a need to more closely communicate withlandowners about work that can be performed within the easements that were acquired byPlum Creek Conservation District to implement its responsibilities as local sponsor to theprograms authorized in PL 83-566; andWHEREAS: Plum Creek Conservation District's Board of Directors has determined that apolicy should be adopted by the District related to planned work within the easements
held by the District that might impact the District's ability to act as Local Sponsor theDistrict has decided to adopt this Policy to give guidance to owners of land burdened by
the District's easements about pursuing operations of various types with the easements
held by the District for:(i) construction of improvements of various kinds or for excavation work within
easements including construction of structures;(iD easement area modification or release requests; and(iiD the platting or subdivision of property covered by the District's easements;
Now, THEREF9RE, on tni, 20W

De.c^ber , 202z,the plum creek
dayConservation District Board of Directors adopts the following policies with regard to activities
within, on or under the Easements held by the District:of2

CONSTRUCTION, EXCAVATION, OR FILLING WITHIN THE DISTRICT’S EASEMENTS
1. Initiation of any construction of any buildings, other improvements including fencing orexcavation or filling activities within the area of the easements held by Plum Creek
Conservation District for operation of the Small Watershed Protection Project originallyconstructed by the Natural Resources Conservation Commission of the United States
Department of Agriculture may not begin until a communication describing the work thatis planned has been submitted to the District for its review. The communication may bein any form but must be in writing and describe the area of the easement where the work
is proposed, the nature of the work, show any planned excavations or filling, describe thenature of the construction or the location of any proposed fencing.
2. The review will be whether the planned work as described in the communication has thepotential to impact the volume of water impounded by the related PCCD flood control
structure, or has the potential to increase or enlarge the area covered by the impoundment
for which the easement was obtained, or to increase the time the impounded water would
remain on the easement involved or would impact the ability of the District to carry out
maintenance or other operations in the area of the easement involved that is required byeither the Texas Dam Safety Act provisions and rules, or by Agreements with the Natural
Resources Conservation Service for maintenance of the dams associated with theconstructed Small Watershed Protection Project in the Plum Creek Watershed inCaldwell and Hays Counties, Texas, and to determine whether the proposed
improvements, excavation or construction will trigger questions related to the operationof Texas Statutes governing impoundment or placement of impounded water on property
or will impact flood plain determinations that have been made and are in place.
3. The initial review of the communication will be made by the District. As a result of that
review, the District may seek further review by the Natural Resources Conservation
Service, the Dam Safety Division of the Texas Commission of Environmental Quality,
and local flood plain management agencies in the appropriate county. However the solequestion that will be examined by the District is the potential for the work to have an
unreasonable adverse impact on the District’s rights under its easements.
4. Any comments received in response to the District’s inquiry about the proposedconstruction or use shall be made available to the landowner.
5. Should the District make a determination that the proposed work would unreasonablyinterfere with the District’s use of its rights under its easements, notice of that
determination will be mailed to the landowner who gives the District notice of the
proposed Construction.
6. If such a determination is made and notice described in the previous paragraph given, thematter will then be placed on the agenda of the Board of Directors of the District for adetermination of possible actions if the proposed construction or other work is not
modified in a manner that addresses and removes the ability of the District to use itseasement.
7. Should the District make a determination that the proposed work would likely notunreasonably interfere with the District’s use of its rights under its easements based on3

the information submitted, that determination will also be mailed to the landowner. That
determination is not to be interpreted as “approval” of the work, but is just a notation thatthe District does not anticipate that a problem with use of the rights it holds.
8. If the work is commenced all construction must be in accord with the descriptions
submitted to the District and all risk of adverse consequences following construction,
including damages or total loss of the improvements as a result of the use of the easement
to impound water by the District, shall be borne by the person who constructs or uses theimprovement.

EASEMENT AREA MODIFICATION REQUESTS
1. Easement area modifications, including those requesting elevation modifications orrestatement of the description of the easement will be considered and evaluated by theBoard of Plum Creek Conservation District based on applications submitted inaccordance with the requirements of this Policy.
2. Each request for construction on or excavation or placement of fill in, or for modificationof or release, of Plum Creek Conservation District Easements will require completing aDistrict Application Form, available on the District’s Web site, or from the Executivemanager.
3. The original and three (3) copies of the completed Application Form and any required
supporting documents or information, along with the required fee will be submitted to the
Executive Manager.
 Required Information: A description of the proposed construction, filling ordevelopment activity to occur within the easement area or a description of therequested modification or release of easement area; A map showing the landowner’s property and the area currently covered by theDistrict’s Easement on that property and identifying the general area of the proposed
work that includes the location of any existing structures on the landowner’s property
covered by the District’s easement and a description of the current uses made by theowner of the property covered by the area described in the application, including thearea covered by the District’s easement, with the map of sufficient scale and with asufficient legal description of the property to allow the District to determine thelocation of the appropriate flood control structure associated with the easement; A copy of any proposed or pending plats for development that show plans, elevations,and other details regarding the construction of any roads, buildings or other surface orsubsurface structures or of any excavations of filling proposed to be built within theDistrict’s easements;
 Cross-sections, copies of cut/fill calculations, and a summary of volumes of any
proposed earthwork within the area of the landowner’s property covered by theDistrict’s easement; Copies of any applicable submitted and/or approved City or County Flood Plain
Development Permit Applications, for any proposed construction work within theDistrict’s easement including copies of any additional drainage studies orrequirements that are made a part of any applicable City or County permitting process
or a representation that no such applications are required, stating the reasons;
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Tax certificate from the County Tax Assessor-Collector showing that all real
property taxes are paid on the subject property;
If the application is for construction, excavation, filling or other modification ordevelopment activity, a proposed time schedule indicating a start date and acompletion date of the proposed work, including any significant milestones of theplat or development plan. If the application is for easement area modification orrelease, a proposed date for action requested of the Board of PCCD to beaccomplished. The time schedule or date for PCCD action must provide for at least
sixty (60) days for District (Manager, Engineer, and Attorney) to review theapplication and for the Board of Directors to act upon the Executive Manager’srecommendation;
If the application is for construction, excavation, filling, modification ordevelopment activity within the easement area, the applicant will acknowledge thatthe District and the NRCS require that the construction of any inhabitable structures
upstream of the District’s Flood Control Structure and within the easement rights
area, have its first floor elevations at or above the top of the dam elevation or atelevation required by the local flood elevation requirements, whichever is higher.
If the application is a request for modification or release, including a partial release,of the area or elevations of the District’s easement, the following should be provided
with the application:a statement of the basis for the request detailing calculations showing that theexisting easement in the area of or to the elevation of the proposed
modification or release is no longer required for the operation of the floodcontrol project;o a survey showing the proposed easement elevation or modification or the area
proposed to be released relative to the District’s flood control easement areaand specifying land surface elevations in the area proposed for release as wellas the elevation of the top of nearest downstream dam. Such survey shall bear
the seal of a Registered Professional Surveyor of the State of Texas; ando if the request is being submitted in conjunction with a proposed or planned
subdivision of the property covered by the PCCD easement, then a copy of theproposed subdivision plat or a metes and bounds descriptions of the property
before and after the proposed subdivision including a depiction of the locationof the PCCD easements prepared by and bearing the seal of a registered land
surveyor will also need to be provided; ando a suggested recordable form for the easement modification or release if thereis
an application to modify or release all or a part of a PCCD easement coveringa particular property. This document should be in a format that is acceptable
to Caldwell and/or Hays County for recording, and will need to be approvedby the District’s Attorney and the regional office of NRCS.
o

4. Indemnification: The applicant will be required to provide a draft of a recordable
release and indemnification document or use the provide a willingness to execute such5

a document in the form approved by the District’s Attorney, to be recorded with any
construction, development or excavation activity described in the application or
associated with any platting or subdivision activity described in the application forproperty that is included within any of the District’s easements. The indemnification
will be required to recognize the existence of the appropriate impounding structure orstructures that might be impacted by the proposed application and acknowledge thatany damage associated with backwater flows or or elevations of water associated withthe existence of the structure or structures are not compensable. The document will
also release the District from any such claims for damages associated with the work
described in the application and be binding on successors and assigns of the property.
5. Fees: Each application will require the payment of the fee, as listed in the District’s Fee
Schedule, for review of the application, site inspection, and legal review for eachrequest for proposed construction of buildings, roadways, and cuts/fills within andDistrict flood control easement. If any construction, excavation or fill is commenced
prior to formal approval by the Board of Directors of the District; then the required fee
will be 150% of that Fee listed in the District Fee Schedule. Each request formodification or release of an easement area or elevation will require the payment of thefee, as listed in the District’s Fee Schedule, for review of the request, site inspection,legal review, and Caldwell or Hays County filing fees for the easement modification orrelease. Any required fees, including estimates and deposits for unknown costs, mustbe paid before review of the application commences.
6. The Executive Manager will review each application for completeness. If the Executive
Manager determines that the application is incomplete he will send a letter to theapplicant detailing the additional required information. If the information is not
submitted within 30 days following the date of the Executive Manager’s letter, then theapplication will be returned to the applicant without prejudice for a future submission.
Upon a finding by the Executive Manager of the District that the application is complete
and all information has been provided the Executive Manager will forward theapplication to NRCS and, if necessary, to the District’s Engineer for review andrecommendations. A copy of the application will also be sent to the District’s attorney
for review. Please note that the District’s review of each application will evaluate
whether any of the work described in the application will change the total volume ofstorage capacity of the appropriate flood control structure associated with the Application
submitted and will also evaluate whether the work described in the application will alteror otherwise impact the area or time of impoundment of water in the area of theappropriate structure. The evaluation will include an analysis of the reservoir associatedwith the structure and the design of the structure itself, including areas: (a) below theprincipal spillway crest elevation, (b) from the principal spillway crest elevation to theemergency spillway crest elevation, and (c) from the emergency spillway crest elevation
to the top of the dam elevation to determine the impacts of the requested action.
7. During the review of the application the Executive Manager or his representative, NRCS
Representatives and, if applicable the District’s Engineer will inspect the site as part of
the District’s review. Site access of property adjacent to the District’s easement will berequired and, if not granted, the application will be returned to the applicant.
68. Following review a report on the actions sought and potential effects of those actions on
the easements held by the District and operations of the structures in connection with thePL 83-566 Program will be prepared for submission to the District’s Board of Directors.
A copy of the report shall be sent to the Applicant and shall be posted on the District’s
web site along with the application.
BOARD OF DIRECTORS REVIEWThe General Manager will prepare a written recommendation to the Board of Directors for eachapplication submitted to the District, after first reviewing the proposal with the District’s
Engineer and Attorney.
The application and the Executive Managers recommendation together with supporting
documents will be placed on the next regular Board meeting for consideration and action by theBoard of Directors.
The District’s approval of any request for construction, excavation, filling or development in orrequested modification of any easement of PCCD will be contingent on the approval of theRegional Office of the United States Department of Agriculture, Natural Resources
Conservation Service (“NRCS”) and by the Board of Directors of Plum Creek Conservation
District that the planned activities will not adversely impact the Agreements between theDistrict and NRCS.
No work within any District Flood Control Easement will commence prior to formal action by
the Board of Directors. Any work which is commenced prior to such Board action will beentirely at the applicant’s risk and may be subject to legal action by the District.
Any application, if approved, will carry provisions requiring the applicant to (a) notify theDistrict of the date for initiating activities within the easement prior to initiating any
construction work within the District’s easement, (b) completely restore and re-vegetate theland of the easement affected by the construction, (c) notify the District of the date of the final
inspection of the project, (d) provide "Record Drawings" of the work performed, (e) verify any
cut/fill calculations based on final elevations and contours of the site following construction,and (f) an agreement for the applicant to release, hold harmless and indemnify the District for
any alterations associated with the work described in the application approved. If there aredeviations from the initial calculations that adversely impact the capacity, or timing of water
impounded by a structure, or areas covered by water impounded by any structure maintained bythe District the applicant will be required to take appropriate actions, at its own expense, tocorrect the deviations.
The approval will require the applicant to initiate construction within six months of the District
approval of the application request or the approval will expire unless extended by action of theBoard.
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EFFECTIVE DATEThis policy will become effective upon adoption by the Board ofOF

ADOPTED AT LOCKHART, TEXAS ON THIS

2022.

^f,'ONHoltPresident, Plum Creek Conservation District Boardof Directors

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