MEETING OF THE BOARD OF DIRECTORSPLUM CREEK CONSERVATION DISTRICTLOCKHART, TEXAS 78644
November 21st,2023
Notices of this regular meeting were posted in the Caldwell and Hays County
Courthouses at least72 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 PMl:00 PMThe meeting/hearing was called to order by President of the Board, JamesHolt. The following Board members were present: Peter Reinecke (VicePresident), Lucy Knight (Secretaryffreasurer), Fred Rothert (Director) andTom Owen (Director). PCCD Attorney Bob Wilson, PCCD Geologist FeathergailWilson (via ZOOM), and PCCD staff members Daniel Meyer, Nora LopezCastillo, Alan Burklund, and Tyler Farco were present. Lance Finnefrock, Site
2 Project Engineer, and Bill Chapman, Site 2 lnspector, both with AECOM,attended the meeting via Zoom. Steve Bednarz with the Texas State Soil andWater Conservation Board attended the meeting via Zoom. Jean AnnMaynard, PCCD Contract Consultant, attended the meeting via Zoom. Brad
Bechtol with Montoya Anderson Construction (MAC), lnc. was present.
Minutes were transcribed by Nora Lopez-Castillo.
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 October 171h,2023. Mrs. Lucy Knight
1:00 PM made a motion that the minutes of the regularly scheduled meeting held onOctober 17th,2023, be accepted as mailed out. Mr. Peter Reinecke provided
the second and the motion was approved unanimously.
President Holt asked if there was any unfinished business that required thet:01 pM Board of Directors' attention. Mr. Meyer stated that there was no unfinishedbusiness.

l:01 PMPresident Holt stated that agenda item lX regarding Site 2 Upgrade Projectmatters would be moved up and become the next item to discuss. Mr. Meyer
stated that two main project items still needed to be completed: (1) temporary
seeding, which was required by the Storm Water Pollution Prevention Plan(SWP3) and the Texas Pollutant Discharge Elimination System (TPDES) withthe primary goal of erosion and sediment control and (2) permanent seeding,which was required by the Contract Construction Specification Vl, to establish
the permanent grass coverage of the dam. Mr. Meyer stated he had invitedthe following people to attend the meeting: Lance Finnefrock, Site 2 Project
Engineer, and Bill Chapman, Site 2 lnspector, both with AECOM; Steve Bednarz with the Texas State Soil and Water Conservation Board; and Jean Ann
Maynard, PCCD Contract Consultant. Mr. Meyer provided the Board with asummary of events. Mr. Meyer informed the Board that at the September
2023 Site 2 safety meeting, options for temporary and permanent seeding forthe dam were discussed. Mr. Meyer informed the Board that at that meeting
he stated he preferred the temporary seeding (winter type rye mix) be appliedin the fall, which would cover the SWP3 requirements, and then later in thespring of 2024, the permanent seeding could be completed. Mr. Meyer statedthat at that meeting, Brad Bechtol, Site 2 Contractor, suggested that the temporary and permanent seeding be combined and applied at the same time in
the fall. Mr. Meyer stated much correspondence ensued between PCCD and2

the contractor regarding this matter. Mr. Meyer stated that the contractor had
been informed that PCCD did not object to the contractor's suggestion; however, an issue arose regarding how payment would be made for the combined seeding. Mr. Meyer stated that MAC wanted to be paid 85% for thecombined seeding as soon as it was applied and would return in the spring toreseed areas if needed. Mr. Meyer stated that PCCD's position was that thecontractor would be paid for the seeding in the spring after PCCD had beenable to evaluate the extent of grass coverage. ln addition, Mr. Meyer stated
MAC had also requested that the seeding be implemented via a contractmodification. Mr. Meyer stated that Jean Ann Maynard had advised against
executing a contract modification since the proposed seeding would not meetthe contract specifications. Mr. Meyer stated that MAC was also requestingthat the contract retainage funds be released. Mr. Meyer informed the Board
that the surety company that issued MAC's payment and performance bondrecommended that the District protect itself and advised that the retainage
not be released. A lengthy discussion was had with input and commentsfrom Daniel Meyer, Steve Bednarz, Jean Ann Maynard, Brad Bechtol, Lance
Finnefrock, and PCCD attorney Bob Wilson regarding the situation. After thatdiscussion, Brad Bechtol stated he would broadcast the winter seed for temporary seeding (at no cost) as soon as the site had sufficiently dried, wouldreturn to complete the hydromulch/seeding in the spring, and would continue
to maintain erosion control. The Board had a discussion on whether to retainor release any portion of the retainage funds. Mrs. Knight made a motion torelease 50% of the total retainage with the next payment. Mr. Owen provided
the second and the motion was approved unanimously.

2:l I PM

2:15 PM

2:16 PMPresident Holt requested discussion of agenda item V regarding a resolution
to approve the Caldwell County Appraisal District's Tax Rolls for PCCDgroundwater. Mr. Meyer stated the resolution is required by Property Tax
Code Section 26.09. Mr. Meyer explained that the tax roll calculated theamount of tax that would be imposed by PCCD. Mrs. Knight made a motion
to approve and authorize Mr. Holt to sign the resolution for PCCD groundwater. Mr. Rothert provided the second and the motion was approved unanimously.
President Holt requested discussion of agenda item Vl regarding a resolution
to approve the Caldwell County Appraisal District's Tax Rolls for PCCD surface water. Mrs. Knight made a motion to approve and authorize Mr. Holt tosign the resolution for PCCD flood control. Mr. Owen provided the secondand the motion was approved unanimously.
President Holt requested discussion of agenda item Vll regarding the Site 28
Rehabilitation Project. Mr. Meyer stated that the 404 Permit was still pendingapproval by the U.S. Army Corps of Engineers, but all necessary information
had been submitted. Mr. Meyer stated the survey was at a standstill, as theattorneys for the survey company were reviewing the contract. Mr. Meyerthen asked Mr. Bob Wilson to discuss with the Board the status of the land
rights letter as well as the outcome of the meeting that had been held with theSite 28 landowners and their request for compensation. Mr. Bob Wilson stated that the land right letter now included a clause that even if the metes andbounds description was different from the existing easement, PCCD was reserving its rights under the original easement for purposes such as dam
maintenance, inspection, rehabilitation, etc. Mr. Bob Wilson stated that theletter also includes the statement that PCCD has the power of eminent domain. Mr. Bob Wilson stated he was confident that the land rights letter could
be written and submitted. Mr. Bob Wilson stated that he and Mr. Meyer helda meeting with the Site 28 landowners during which he informed them that

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they might be entitled to compensation for soil, if the contractor chose to use
and then purchase it from the landowner. Mr. Bob Wilson informed the landowners that they were not entitled to any compensation because their predecessors had signed the easement that granted PCCD the rights needed toperform the rehabilitation project. At the landowners' request, Mr. Wilson
stated that PCCD would include a clause in the bid packet that stated thecontractor would need to negotiate compensation with the landowner if thecontractor chose to use their in-place soil versus using an outside source.

2:28PM

President Holt requested discussion of agenda item Vlll regarding the Site 10Rehabilitation Project. Mr. Meyer informed the Board that the Site 10 project
was finished and presented slides of the completed project. Mr. Meyer statedthat PCCD had not received the final $100,000 payment that was due to SolidBridge Construction as part of the campsite relocation agreement. Mr. BobWilson stated that if the payment was not received, PCCD would have tobegin some type of action to collect the payment that had been agreed upon.

2:30 PMPresident Holt requested discussion of agenda item X regarding the GMA 10lnterlocalAgreement (lLA). Mr. Meyer stated a draft agreement had been
sent out to all GMA-10 members for review and some members were having
their attorney review the agreement, which could result in changes. Mr. Meyer stated no action was needed until the final version could be presented tothe Board.

2:31 PM

President Holt requested discussion of agenda item Xl regarding a contract
between PCCD and Collier Consulting to assist GMA 10 members develop
Desired Future Conditions (DFCs) and perform modeling. Mr. Meyer statedthat the contract had been drafted and sent to all GMA 10 members as well
as Collier Consulting for review. Mr. Meyer informed that until a response
was received from Collier, no action was needed. Mr. Bob Wilson mentionedthat the contract between PCCD (as an agent for GMA-10) and Collier Consulting included a provision that would allow Collier Consulting to request anincrease over the budgeted amount. Mr. Bob Wilson stated that the contract
included a provision that would allow Daniel Meyer to amend the contract toapprove this type of increase. Mr. Bob Wilson stated he had prepared a resolution for the Board's consideration that would grant Mr. Daniel Meyer thisauthority. No action was taken at this time.

2:35 PMPresident Holt requested discussion of agenda item Xll regarding the 5-year
review of the Luling Production Well Permits. Each Board member was givena copy of Permit Review Checklist, a map of the Luling Well Locations, and amap of wells that had been drilled in the vicinity of the Luling Permitted Wells.
Mr. Meyer requested that Tyler Farco present the report to the Board. Tyler
stated the review was completed on November 14,2023. Tyler informed theBoard that the wells were not currently in operation so many of the review
questions were not applicable. Tyler explained to the Board that he had used
two analyses to determine that the water levels in the vicinity of the permitted
wells were compliant with Rule 20. Tyler informed the Board that within aone-mile area, nine wells have been drilled since 2017 and allwere within
PCCD's District.

2:40 PMPresident Holt requested a report from the PCCD Geologist, Mr. Feathergail
Wilson. Mr. FeathergailWilson's presented a slideshow on several topics included: how carbon-14 was used to age date water, how alternating sandand impermeable shale in an aquifer slowed the movement of water, and theimportance of proper screen placement and/or the use of more than one
screen in water wells to accurately determine the amount of water available.

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3:02 PM

3:02 PM

3:17 PM

President Holt requested a report from the NRCS' District Conservationist,
Mr. Jeremy Hasty. Mr. Hasty was not in attendance.
President Holt requested a report from the PCCD Executive Manager, Mr.
Daniel Meyer. Mr. Meyer presented slides of the roller-compacted concrete(RCC) issues at Site 21 and stated that the structural engineer (hired by thecontractor) had created and submitted a repair plan and that the repairs werein progress. Mr. Meyer informed the Board that PCCD had received lettersfrom an attorney on behalf of a subcontractor that stated they would be filinga lien on the property due to claims of Unpaid Labor or Material. Mr. Meyer
had requested Bob Wilson's assistance with this matter. Mr. Bob Wilson informed Mr. Meyer that certain steps needed to be taken regarding this type ofmatter, the first of which was to officially request payment bond informationfrom PCCD. Mr. Meyer stated an appropriate response letter had been sent
to the attorney. Mr. Meyer gave an update on Site 6 and stated that thegates remained locked (to keep the horses out) and some winter grass wasgrowing; however, there were several goats grazing on the property. Mr.
Meyer stated a second letter had been sent to the landowner. Mr. Meyer
stated the landowner had started building a fence to keep the goats in one
area, but this fence had been attached to PCCD's fence. Mr. Meyer reminded the Board that PCCD's easement terms stated the landowner would needto receive authorization from PCCD to do that. Mr. Meyer stated he had sent
the landowner a letter regarding this. Mr. Meyer gave an update on Site 34
and stated that the Lake Longhorn owners had submitted a new plat thatmoved the location of PCCD's campsite as previously discussed. Mr. Meyer
stated the CCR restriction clause had not been received yet. Mr. Meyer gave
an update on site 12. Mr. Meyer reminded the Board that as part of the executed easement restatement with D.R. Horton, a discussion had been held
regarding the culverts that were near PCCD's auxiliary spillway dike. Mr.
Meyer stated that a recent three-inch rainfall had caused erosion of the auxiliary spillway dike. Mr. Meyer stated he and Bob Wilson had worked on a letter to request repair of the erosion. Mr. Meyer stated that the letter was sent
to East Hays MUD #1 (the entity now responsible for the culverts). Mr. Meyer
stated he would keep the Board apprised of the situation.
President Holt requested a report from PCCD's Attorney, Bob Wilson. Mr.
Bob Wilson informed the Board that he had attended the Texas Alliance ofWatershed Sponsors Workshop with Mr. Meyer. Mr. Bob Wilson stated hespoke about encroachments in easements by developers.

3:22pM President Holt requested public comments. There were no public comments.
3:22PM

Mr. Owen made a motion to adjourn. Mr. Rothert provided the second andthe motion to adjourn passed unanimously.

i{@t'u'President(-\Vice-President