MEETING OF THE BOARD OF DIRECTORSPLUM CREEK CONSERVATION DISTRICTLOCKHART, TEXAS 78644
May 21st,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 byTreasurer/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 Feathergail Wilson (via ZOOM). Sean Melvin with Plum Creek Watershed Partnership, Shannon Vogel and Walter Stephens, Site 21 landowners, and Graham
Moore with Alliance Regional Water Authority were present. PCCD staff
members Daniel Meyer, Nora Lopez-Castillo, Alan Burklund, and Tyler Farco
were present. Nora Lopez-Castillo transcribed the minutes.

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

l:00 PMPresident Holt requested motions or comments regarding the minutes of theregularly scheduled meeting held on April 1 61h, 2024. Mrs. Knight made a motion that the minutes of the regularly scheduled meeting held on April 16th,2024, be accepted as mailed out. Mr. Rothert provided the second and themotion was approved unanimously.

President Holt asked if there was any unfinished business that required thel:00 pM Board of Directors' attention. Mr. Meyer stated that there was no unfinishedbusiness.

l:01PM

l:06 PM

President Holt requested discussion of agenda item V regarding quotes received for the mowing of Sites 1, 5, 6, 7, 10,11,12,28, and 34. Mr. Meyer
stated that one quote was received. Mr. Meyer informed the Board that thequote was for two mowings and that the first mowing would be done before
Jufy 31"t, 2024, and the second mowing would be done between September
151h,2024, and the end of November. Mr. Meyer stated that the mowing
would be done on approximately 123 acres. President Holt then announced
the bid amount from TerraSol, LLC. at seventeen thousand nine hundred thirty
three dollars and forty cents ($17,933.40). Mrs. Knight made a motion to accept the bid from TerraSol. Mr. Reinecke provided the second and the motion
was approved unanimously.

President Holt requested discussion of agenda item Vl regarding quote fromPerformance Plus to inspect PCCD dams. Mr. Meyer stated he had reached
out to Gene Peters with Performance Plus to request a quote for inspecting all
PCCD's dams including exercising the slide gates. Mr. Meyer stated he received a quote, via text, from Mr. Peters in the amount of $7000.00, which
would be $250.00 per site. Mrs. Knight made a motion to approve the bid
from Performance Plus. Mr. Owen provided the second and the motion wasapproved unanimously.

2l:08 PM

l:12 PMl:16 PMl:37 PM

President Holt requested discussion of agenda item Vll regarding the Site 28
rehabilitation cooperative agreement, LPLUM2S-RHB-ADD-ST2-037-24, toadd State funding. Mr. Meyer informed the Board that Jean Ann Maynard
had reviewed the Site 28 cooperative agreements for adequate construction
funding and compared it to the Engineer's Estimate for the project and discovered that there were not enough state funds to match the Engineer's Estimate. Mr. Meyer stated that PCCD requested additional state funds fromTexas State Soil & Water Conservation Board (TSSWCB). TSSWCB informed PCCD that they had secured the additional funds for the project,which would be allocated appropriately once the cooperative agreement wasapproved and signed by PCCD and TSSWCB. Mr. Owen made a motion thatthe cooperative agreement for the additional state funds be approved. Mrs.
Knight provided the second and the motion was approved unanimously. Mr.
Holt signed the agreement.
President Holt requested discussion of agenda item Vlll regarding a quote toconduct a pump test for the Wilcox monitoring well. Mr. Meyer stated thatFeathergail Wilson recommended that a pump test be performed. Feathergail Wilson discussed with the Board various reasons for the pump test including to begin gathering data on the aquifer characteristics and water levels. Mr. Meyer informed the Board that an initial quote had been received but
was too expensive, but then received a second quote from Hazelett Drilling inthe amount of $6750.00. Mrs. Knight made a motion to approve the estimate
from Hazelett. Mr. Reinecke provided the second and the motion was approved unanimously.
President Holt requested discussion of agenda item lX regarding a presentation by Plum Creek Watershed Partnership (PCWP) Coordinator, Sean Melvin. Mr. Meyer introduced Sean Melvin to the Board of Directors. Mr. Melvinpresented slides showing the S2-mile route of Plum Creek. Mr. Melvin statedthat the PCWP had many concerns regarding the surface water, mainly bacteria, but also nitrates, ammonia and phosphorus. Mr. Melvin informed theBoard that every two years the PCWP releases an update to its Protection
Plan, which would review the milestones and measures of success to implement the Plan, analyze water quality trends. Mr. Melvin also discussed how
the population growth along lnterstate-3S was impacting Plum Creek. Mr.
Melvin also showed slides on various educational events and community
workshops.
President Holt requested discussion of agenda item X regarding an agreement between Site 28 landowners & PCCD regarding the Site 28 Rehabilitation Project. Mr. Meyer turned this agenda item over to Bob Wilson. Mr. BobWilson stated an agreement had been reached with the landowners and that
if this agreement was approved by the Board, it would authorize payment tothe landowners. Mr. Bob Wilson stated the PCCD had decided to consider
entering into an agreement with the landowners as an accommodation to
avoid litigation and declaratory judgment regarding the use of soil. Mr. Bob
Wilson stated that if the Board approved the agreement and once all parties
had signed the agreement, he would be able to finish writing the land rights
letter so that PCCD could send it to NRCS. Mr. Bob Wilson informed theBoard that a provision had been added to the agreement that if additionalsoils were needed due to erosion, repairs, etc., PCCD would still be able touse soil from the easement area for these purposes as long as the area wasrestored to the appropriate engineering standards. Mr. Bob Wilson also informed the Board that PCCD was still waiting for the final survey and that theland rights letter would need to be altered if the survey showed that some ofJthe rehabilitation work was not within the current easement. Mr. Owen madethe motion that the Board authorize Mr. Holt to sign the final compromise andsettlement agreement related to the planned rehabilitation of the dam andworks of improvement at Site 28. Mrs. Knight provided the second and themotion was approved unanimously.

l:44 PM

President Holt requested discussion of agenda item Xl regarding proposed
access easements for Site 10. Mr. Meyer informed the Board that the necessary documentation for this agenda item was not ready for the Board's consideration and would be presented to the Board at a future meeting.

1:45 PM

President Holt requested discussion of agenda item Xll regarding approving
an "indemnification" agreement with Alliance Regional Water Authority. Mr.
Meyer asked that Mr. Bob Wilson address this agenda item with the Board.
Mr. Bob Wilson stated that the document being presented to the Board now
provided PCCD total indemnification for any damage caused to ARWA's water line. Mr. Graham Moore confirmed that this was a correct statement.
Mrs. Knight made the motion that the Board authorize Mr. Holt to sign andexecute a clean and complete copy of the indemnification agreement. Mr.
Rothert provided the second and the motion was approved unanimously.

l:52 PM

2:04 PM

2:06 PMPresident Holt requested discussion of agenda item Xlll regarding approving
the GMA 10 Interlocal Agreement (lLA). Mr. Meyer reminded the Board that
this item had been on the agenda previously. Mr. Meyer briefly discussed thepurpose and of the GMA-10 ILA and reminded the Board that the ILA included the following provisions: (1) PCCD would be reimbursed for its role as theContract Administrator, (2) if a GMA member did not sign the agreement, nowork would be performed for that member; (3) a cap of $6000.00 was placedon reimbursement to PCCD unless the agreement was amended approvedby the participating members, and (4) if the cost to PCCD exceeded$6000.00 and an amendment for additional reimbursement was not approved, then PCCD could resign as Contract Administrator. Mr. Meyer informed the Board that several members had already signed the lLA. Mrs.
Knight made a motion that PCCD enter into the interlocal agreement regarding joint funding of an explanatory report for groundwater management area
10. Mr. Owen provided the second and the motion was approved unanimously.
President Holt requested discussion of agenda item XIV regarding a contract
between PCCD and Collier Consulting to assist GMA 10 in running models
and developing Desired Future Conditions (DFCs). Mr. Meyer stated that thiscontract outlined PCCD's responsibilities as the Contract Administrator andincluded the documents that detailed the scope of work that Collier wouldcomplete. Mr. Bob Wilson recommended that the Board approve this contract after all the GMA 10 members had signed the lLA. Mrs. Knight made amotion that PCCD sign the contract between PCCD and Collier Consulting
after all the GMA-10 members sign the lLA. Mr. Owen provided the second
and the motion was approved unanimously.
President Holt requested discussion of agenda item XV regarding a Resolution to authorize PCCD's Executive Manager to amend the contract with Collier Consulting. Mr. Meyer stated that the total contract amount for the contract was $120,000, but if additional funds were needed, this Resolution
would authorize PCCD's Executive Manager to amend the consulting contract up to a specified amount. Mr. Bob Wilson stated that this Resolution
should be deferred and would be considered if the consulting contract needed to be amended.

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2:10 PM

2:29 PM

2:29PINI

2:59 PM

President Holt requested a report from the PCCD Geologist, Mr. Feathergail
Wilson. Mr. FeathergailWilson's presented a slideshow on topics including
small and large desalination units including pricing, the rapid growth of global
desalination use, and the various uses for the minerals and salt that could beproduced by varying desalination processes. Mr. FeathergailWilson also discussed a map that showed the fastest growing areas in the United States,specifically the lH-35 corridor in Texas, and how desalination could assist
with the increasing water demand in this area.
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 stated that GBRA had contacted him regarding aproposal to change the watershed coordinator position from contract employment to the coordinator becoming an employee of Guadalupe-Blanco RiverAuthority (GBRA). Mr. Meyer stated this would require a new interlocal
agreement and he would keep the Board informed. Mr. Meyer gave an update on Site 2 and stated that the contractor wanted to meet with PCCD at
the dam site to go over the revegetation plan and consider options. Mr. Meyer informed the Board that he told the contractor that PCCD's preference wasto follow the contract specifications regarding revegetation. Mr. Meyer statedthat unfortunately the City of Kyle was still under water restrictions. Mr. Meyer stated he sent a letter to the contractor and suggested that they submit apermit application to the Texas Commission on Environmental Quality(TCEO) to use the reservoir water. Mr. Meyer stated that the contractor stated they could not revegetate because there was no water so Mr. Meyer stated they could submit two plans to complete the revegetation, one with waterand one without water, but has not received either plan from the contractor.
Mr. Meyer gave an update on Site 21 and stated that sprigging was done andwhen PCCD staff was performing an inspection of the area, they noticed little
shoots were coming up. PCCD asked the contractor what this was, the contractor stated that they had broadcast Bermuda seeds in case the sprigs did
not grow. Mr. Meyer stated that once the grass from the seeds grew it was
not Bermuda and it has not been determined what type of grass it is. Mr.
Meyer stated that NRCS informed the contractor that they would not be paid
for the vegetation from the seeds since this was not part of the contract specification. Mr. Meyer asked for direction from the Board on whether they wanted the contractor to redo the sprigging or to keep the funds left in the contract
for PCCD under a separate contract. The Board stated they want the contractor to redo the sprigging. Mr. Meyer gave an update on Site 12 and stated that after PCCD notified NRCS that the ports had been blocked, NRCS
redid the maps to reflect the change in elevation of the ports and the wetland
areas. The U.S. Army Corps of Engineers (USACE) reviewed these maps
and stated PCCD could proceed with submission of an application for a Nationwide Permit 43 which was still under review. Mr. Meyer gave an updateon Site 5 and stated that the City of Kyle had purchased the northeast side ofthe dam. Mr. Meyer gave an update on Site 4, which was currently owned by
Walton who was interested in selling the property to D.R. Horton. Mr. Meyer
stated that the revegetation project on Site 27 had been completed.

President Holt requested a report from PCCD's Attorney, Bob Wilson. Mr.
Wilson asked Mr. Meyer if he had sent a letter to Quantum Wei about the desalination project. Mr. Meyer stated that he had not sent the letter, but hehad informed Dr. Wei about the Board's decision not to move fonruard with theproject. Mr. Bob Wilson stated that he had no additional comments.

5

3:02

pM President Holt requested public comments. There were no public comments.
Mrs. Knight made a motion to adjourn. Mr. Rothert provided the second and3:02 PM the motion to adjourn passed unanimously.

a\President

Vice-President