MEETING OF THE BOARD OF DIRECTORSPLUM CREEK CONSERVATION DISTRICTLOCKHART, TEXAS 78644
February 20th, 2024
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.

The meeting/hearing was called to order by President of the Board, JamesHolt. The following Board members were present: Peter Reinecke (Vicel:00 pM President), Lucy Knight (Secretary/Treasurer), Fred Rothert (Director) andTom Owen (Directo|. PCCD Attorney Bob Wilson, PCCD Geologist Feathergail Wilson (via ZOOM), and PCCD staff members Daniel Meyer, Nora LopezCastillo, Alan Burklund, and Tyler Farco were present. Nora Lopez-Castillo
transcribed the minutes.
l:00 PM President Holt requested public comments. There were no public comments.

President Holt requested motions or comments regarding the minutes of theregularly scheduled meeting held on January 16th,2024. Mrs. Lucy Knight
l:00 pM made a motion that the minutes of the regularly scheduled meeting held on
January 16th, 2024, be accepted as mailed out. Mr. Peter Reinecke 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 V regarding an update on
the desalination research project. Mr. Meyer informed the Board that many
aspects still need to be completed. Mr. Meyer stated that Harmony Desalting
needed to work out its agreement with the Bureau of Reclamation. Mr. Meyer
stated that permission still needed to be obtained from the landowner to use
their land as the host site. Mr. Meyer stated that he and Bob Wilson held aZoom meeting with Eric Vaughn (representative for the landowner) to discuss
l:01PM access to the project. Mr. Meyer stated the landowner expressed concerns
about who, when, where, and what time the site would be accessed. Mr. Meyer presented the Board Members with a draft preliminary access schedule for
PCCD Directors, PCCD geologist, staff, and other interested government officials. Bob Wilson stated that before he would be able to draft a property access agreement, several issues needed to be researched, such as access,total land/area needed, a request by the landowner to have a piping systemand tank installed to use the produced water, mineral mining, the term of theproject, and several issues concerning events after the project had been completed.
l:24

President Holt requested discussioh of agenda item Vl regarding the Site 28
rehabilitation project. Mr. Meyer stated Bob Wilson recommended this agenda be discussed during the Executive Session

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1:28 PM

President Holt requested discussion of agenda item Vll regarding proposed
access easements for Site 10. Mr. Meyer stated that PCCD currently has two
permanent access easements. Mr. Meyer stated one was a westside access,off Sattenruhite Road, and the other was a northeast side access. Mr. Meyer
informed the Board that PCCD had received an easement use applicationfrom Kimley-Horn for a proposed development that would be located on thewest end of the dam. Mr. Meyer stated that the proposed development wouldencroach the District's easement in two areas, with one eliminating the District's permanent easement access off Sattenryhite Road and the other encroachment was for a sidewalk. Mr. Meyer stated that if the District approved
this easement use application, the District would not be able to access thewest side of the dam. Mr. Meyer stated Sunfield proposed a shift of the Satterwhite access to the east and a shift of the northeast access. Mr. Meyer
stated that Sunfield had verbally agreed to expand PCCD's easement area
to include a future campsite area. Mr. Meyer stated that the proposed sidewalk encroachment should be reviewed by National Resources Conservation
Service (NRCS). The Board agreed.

l:52 PM

President Holt requested discussion of agenda item Vlll regarding a request
for Recordable Release of Termination of Site 10 Temporary Construction
Working Space and Access Easement. Mr. Bob Horton stated that he could
not present a draft of the Recordable Release until he could ensure that
PCCD had adequate access to operate and maintain the dam, which woulddepend on NRCS' review of the sidewalk encroachment and the Board's decision regarding Sunfield's easement application. The Board stated that before a Recordable Release was signed, PCCD must have adequate accessand a campsite.

l:52 PM

President Holt requested discussion of agenda item lX regarding approving
an "indemnification" agreement with Alliance Regional Water Authority(ARWA). Mr. Meyer informed the Board that PCCD had not received any
documentation from ARWA.

1:52 PM

2:02PM

President Holt requested discussion of agenda item X regarding the_DRAFT
GMA 10 lnterlocal Agreement. Mr. Meyer stated that the latest draft of theGMA 10 Interlocal Agreement had been sent to all the GMA 10 members.
Mr. Meyer stated that after reviewing the latest version, the GMA-10 members wanted to add a clause that would cap the contract administration costs
to $6000 and, if more funds were needed, an amendment to the contract
would need to be approved by all GMA-10 members. Mr. Meyer stated thatin addition to the $6000.00 cap, Bob Wilson also added a clause that stated"a failure to allow PCCD to recovery its costs as Contract Administrator in excess of $6000 shall, at the sole election of PCCD, allow PCCD to terminate
its work as Contractor Administrator..." Mrs. Lucy Knight made a motion that
PCCD agree to the recent changes made in the GMA-10 lnterlocal Agreement. Mr. Peter Reinecke provided the second and the motion was approved
unanimously.
President Holt requested a report from the PCCD Geologist, Mr. Feathergail
Wilson. Mr. Feathergail Wilson presented a slideshow and discussed thenewly drilled Wilcox Aquifer monitoring well that included the location of thewell, information about the driller of the well (Hydro Resources), the geophysical log with the location of five screens, and the importance of using a Tremie tube.

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2:23PNI

President Holt requested a report from the NRCS' District Conservationist,
Mr. Jeremy Hasty. Mr. Hasty was not in attendance.

2:23PMPresident Holt requested a report from the PCCD Executive Manager, Mr.
Daniel Meyer. Mr. Meyer informed the Board that last year PCCD had applied for an Operations and Maintenance (O&M) grant from the Texas State
Soil and Water Conservation Board (TSSWCB) for a Site 27 revegetation
project. Mr. Meyer stated PCCD had been awarded the grant and a Request
for Quote had been created and was ready to be sent out for solicitations.
Mr. Meyer stated that there were four landowners on Site 27 that owned
some type of livestock. Mr. Meyer stated that the livestock would need to be
removed from the revegetated area for up to two years. Mr. Meyer statedthat three of the landowners had other areas to move their livestock to, but
one owner has only 11 acres. Mr. Meyer informed the Board that PCCD staff
had recently performed an inspection of Site 27 and the landowners had
been confrontational with the staff. Mr. Meyer stated that he had written letters to the landowner to explain that due to overgrazing, a revegetation project needed to be done, and the livestock would need to be removed. Mr.
Meyer stated he would keep the Board informed regarding this matter. Mr.
Meyer gave an update regarding the Site 12 Rehabilitation Project and statedthat PCCD had been working on the required 404 Permit. Mr. Meyer statedthat one of the issues was that the new designs would raise the existing port
from 605 to 606, which would result in more water being retained. Mr. Meyer
informed the Board that the USACE was concerned that the increase in retained water could cover wetlands and if the area were more than a certain
number of acres, the project would be evaluated under more stringent rules.
Mr. Meyer stated this evaluation could take a year to complete. Mr. Meyer
reminded the Board that PCCD would be responsible for the cost of hiring engineers to perform any necessary studies as part of this evaluation. Mr. Meyer stated he would keep the Board informed regarding this matter.

2:34PM

President Holt requested a report from PCCD's Attorney, Bob Wilson. Mr.
Wilson informed the Board he had been working on a letter to the Texas Water Development Board (TWDB) regarding the desalination project. Mr. Bob
Wilson informed the Board that there was a proposed Texas Commission on
Environmental Quality (TCEQ) discharge permit in Hays County and thetreated wastewater would flow into Site 10. Mr. Bob Wilson stated that thepermit was for an increase in daily average flow from 123,750 gallons to600,000 gallons. Mr. Bob Wilson stated he had drafted a letter regarding
Senate Bll2440 (which required that a groundwater availability study be submitted when filing a subdivision plat). Mr. Bob Wilson stated that this letter
offered PCCD's services regarding its groundwater knowledge, which might
help Caldwell County personnel with the review of these reports. The Board
requested that the letters be sent to the appropriate personnel.

2:54PMPresident Holt moved the meeting into Executive Session to discuss the Site
28 Rehabilitation Project.

3:17 PM

President Holt called the meeting back into Regular Session.

3:17 PM

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

3:17 PMMr. Reinecke made a motion to adjourn. Mrs. Knight provided the second
and the motion to adjourn passed unanimously.

0President

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