MEETING OF THE BOARD OF DIRECTORSPLUM CREEK CONSERVATION DISTRICT,LOCKHART, TEXAS 78644
February 21st, 2017

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:OOPM

1:01PM

The meeting was called to order by President of the Board, James Holt, withthe following Board members present: James Lipscomb (Vice President), Lucy Knight (Treasurer/Secretary), Peter Reinecke (Director), and Fred Rothert(Director). Also present were PCCD attorneys Eddie McCarthy Ill and Bob
Wilson and PCCD staff members Johnie Halliburton, Daniel Meyer, and Karen Bassett. Minutes were transcribed by Karen Bassett. Mrs. Noelle RoseNevius, certified shorthand reporter in and for the state of Texas, transcribedthe HCPUA preliminary hearing with these proceedings attached to thePCCD minutes.
President Holt requested motions or comments regarding the minutes of theregular meeting held on January 17th, 2017. Mr. Lipscomb made a motionthat the minutes of the regular meeting held on January 17th, 2017 be accepted as mailed out. Mrs. Knight provided the second and the motion was approved with one Director abstaining.
President Holt requested any unfinished business that required the Board ofDirectors' attention. Mr. Halliburton explained that there was no unfinishedbusiness.
Mr. Eddie McCarthy Ill then discussed a request from Ms. Sullivent for a rehearing, or, alternatively, for written findings and conclusion related to theHays Caldwell Public Utility Agency (HCPUA) permit applications. Mr. Eddie
McCarthy explained that Ms. Sullivent had planned on being at the meetingbut that she had a family emergency and that written comments were handed
out to the Board for their review. Ms. Trish Carls who represented theHCPUA explained that HCPUA had filed a reply to the request for a rehearing. Ms. Carls then discussed the reply with the Board and explained thatHCPUA felt that, with the PCCD Groundwater Management and Protection
Rules, this request for a rehearing, or alternatively, for written findings andconclusion was not something that should be considered at this time and that
there were no participants that had a justiciable interest or party status according to the PCCD Groundwater Management and Protection Rules. Mr.
Bob Wilson and Mr. Eddie McCarthy Ill then discussed with the Board .
. The Board recessed the regular meeting to go into the public hearing.
. Hearing on amended application by HCPUA for production and transportpermits.
. President Holt called the permit hearing to order.
. A presentation of evidence was then presented by Ms. Trish Carls. Ms.
Trish Carls then called Mr. Graham Moore and Mr. James Bene with HCPUAfor questioning. President Holt then swore in both Mr. Graham Moore andMr. James Bene. Ms. Trish Carls then in detail questioned both Mr. GrahamMoore and Mr. James Bene. President Holt then swore in Mr. Daniel Meyer.
Mr. Meyer then offered up for exhibit a slide show presentation regarding theHCPUA applications in light of the PCCD Groundwater Management andProtection Rules. President Holt then swore in Mr. Feathergail Wilson

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PCCD's Geologist. Mr. Feathergail Wilson explained that he had submitted a53 report concerning a pump test that he had done with a partial group ofdraw down numbers for each well. Ms. Carls then had some follow up questions for Mr. Graham Moore and Mr. James Bene. Mr. Bob Wilson and Mr.
Eddie McCarthy Ill then discussed with the Board. Mr. Lipscomb made a motion that in regards to all the testimony that had been received and heard, andaccording to the PCCD Groundwater Management and Protection Rules, thatPCCD accept the HCPUA permit applications as presented. Mrs. Knight provided the second and the motion was approved unanimously.
. Hearing adjourned.
2 =34 PM Reconvene public meeting2:35PM President Holt requested discussion of item VII on the agenda. Mr. WalterStephens, a landowner at site 28 in McMahan, discussed a response fromMr. Todd Merek an engineer from the Natural Resources Conservation Service (NRCS,} regarding the use of site 28 as a detention pond for future construction as he had requested from the PCCD Board at the January 171tl,
2017 Board meeting. Mrs. Knight made a motion that Johnie Halliburton draft
a letter stating that it was ok for Mr. Walter Stephens to use site 28 as a detention pond for future construction as long as the underlining landowner consent to that use by PCCD of its easements. Mr. Reinecke provided the second and the motion passed unanimously.
2:45PM President Holt requested discussion of item VIII on the agenda. Johnie Halli-burton discussed a contract to hire R&J Contract Services for the October
2015 Emergency Watershed Protection (EWP} flood repair projects. Mrs.
Knight made a motion to hire R&J Contract Services for the October 2015
EWP flood repair projects. Mr. Rothert provided the second and the motion
passed unanimously.
2:51PMPresident Holt requested discussion of item IX on the agenda. Johnie Halliburton discussed a needed resolution appointing a Contracting Officer andAlternate for all October 2015 EWP projects and contracts and a memorandum stating the same. Mrs. Knight made a motion to sign a resolution appointing Mr. Johnie Halliburton as the Contracting Officer and Mr. DanielMeyer as the Alternate for all October 2015 EWP projects and contracts anda memorandum stating the same. Mr. Lipscomb provided the second and themotion passed unanimously.
President Holt requested discussion of item X on the agenda. Johnie Halli-2:54PM burton discussed the authorization of someone to sign the agreement withthe Texas State Soil and Water Conservation Board (TSSWCB) once thePCCD application becomes approved for the October 2015 EWP projects.
Mrs. Knight made a motion to authorize Mr. James Holt to sign the agreement with the TSSWCB once the PCCD application becomes approved for
the October 2015 EWP projects. Mr. Twidwell provided the second and themotion was approved unanimously.
President Holt requested discussion of item XI on the agenda. Mr. Hallibur2:55PM ton discussed with the Board the consideration of and action to approve con-tinuation with the District's lawyers under a change of the named law firm representing the District to McCarthy & McCarthy, L.L. P. Mrs. Knight made a
motion to approve the continuation with the District's lawyers under a changeof the named law firm representing the District to McCarthy & McCarthy,L.L.P. Mr. Twidwell provided the second and the motion was approved unanimously.

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2:56PMPresident Holt requested a report from the PCCD's Geologist, Mr. WilliamFeathergail Wilson. Mr. William Feathergail Wilson briefly discussed the split
between Region Kand Region L along 135 because of a lack of coordinatedeffort between the two.

2:57PMPresident Holt requested a report from the NRCS' District Conservationist,Mr. Brian Steinberg. Mr. Steinberg was not in attendance.

2:58PM President Holt requested a report from the PCCD's Assistant Manager, Mr.

Daniel Meyer. Mr. Meyer reported that he had attended a Texas Alliance ofGroundwater Districts (TAGD) meeting January 26th, 2017, and a Region L
meeting on February 2"d, 2017. Mr. Meyer stated that he had continued
working on the Emergency Action Plans (EAPs) and that PCCD had received
a water well production permit renewal application from Mr. Hannah.

2:59PM President Holt requested a report from the PCCD's Executive Manager, Mr.

Johnie Halliburton. Mr. Halliburton reported that NRCS inspections on thestructures had been completed. Mr. Halliburton updated the Board on thesite 6 rehabilitation project and mentioned that the next site 6 safety meeting
would be February 2200 , 2017. Mr. Halliburton, lastly, mentioned that he andMr. Bob Wilson were working with landowners to get access and agreements
to be able to use certain places for worksites, storage places, and etc.
3:01PMJ·OSPM·

3: 16 PM

President Holt requested a report from the PCCD's Attorney, Mr. Bob Wilson.
Mr. Bob Wilson briefly mentioned that in regards to the EWP work on sites 2
and 12 that he and Mr. Halliburton were working with landowners to get access and agreements to be able to use certain places for worksites, storage
places, etc. Mr. Bob Wilson mentioned that he had started looking at the filed
Legislative Bills. Mr. Bob Wilson, lastly, reported that the administrated lawjudges in the EP 130 case recommended that the permit be issued for theLandfill.
President Holt requested public comments. Mr. Alfonso Sifuentes stated that
he was pleased with the recommendation of the EP 130 landfill being issued
byTCEQ.
Mr. Twidwell made a motion to adjourn. Mr. Rathert provided the second andthe motion to adjourn passed unanimously.

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President