MEETING OF THE BOARD OF DIRECTORSPLUM CREEK CONSERVATION DISTRICTLOCKHART, TEXAS 78644
July 16th, 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.

1:00 PMThe meeting/hearing was called to order by President of the Board, JamesHolt. The following Board members were present: Peter Reinecke (VicePresident), Lucy Knight (Secretary/Treasurer), Fred Rothert (Director) andTom Owen (Director). PCCD Attorney Bob Wilson, PCCD Geologist Feathergail Wilson (via ZOOM). Hiroshi Yabe, Site 31 Landowner, was present.
Jean Ann Maynard, PCCD Contract Consultant, attended the meeting viaZoom. PCCD staff members Daniel Meyer, Nora Lopez-Castillo, Alan
Burklund, and Tyler Farco were present. Nora Lopez-Castillo transcribed theminutes.

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 June 18th,2024. Mrs. Knight made al:00 pM motion that the minutes of the regularly scheduled meeting held on June 18th,2024, be accepted as mailed out. Mr. Reinecke provided the second and themotion was approved unanimously.
President Holt asked if there was any unfinished business that required thel:0l pM Board of Directors' attention. Mr. Meyer stated that there was no unfinishedbusiness.

l:01PM

l:22

President Holt requested discussion of agenda item V regarding proposed access easements for Site 10. Mr. Meyer stated that he was looking for guidance from the Board on how to proceed with the two proposed access easements for Site 10 because there were issues with the survey. Mr. Meyer stated that he had asked M&E Engineering, who had designed the dam, to accurately plot the proposed access easement surveys. Mr. Meyer stated thatM&E had informed him that they were not able to match Sunfield's survey totheirs. Mr. Meyer stated that one explanation for this could be that two different state plane coordinate systems had been used when performing the surveys. Mr. Bob Wilson asked whether it was possible that the easement document that would be recorded include a survey that specified which coordinate
system had been used. Mr. Bob Wilson also asked if there was a way to use
monuments to describe the surveyed areas with a metes and bounds survey
to describe the actual location. Mr. Meyer stated he would ask about these
options and continue to work to resolve this issue.
President Holt requested discussion of agenda item Vl regarding a contract
between PCCD and Collier Consulting to assist GMA 10 in running models
and developing Desired Future Conditions (DFCs). Mr. Meyer informed theBoard that allthe GMA 10 members had signed the interlocal agreement,
which designated Collier Consulting as the consultant for GMA 10 and Plum
Creek Conservation District as the contract manager on behalf of all the GMA
10 members. Mr. Meyer briefly discussed the roles of Collier and PCCD2

under the contract and stated the contract was ready to be considered by theBoard. Mr. Bob Wilson stated he had no concerns with the Board signing thecontract on behalf of the GMA 10 members. Mrs. Knight made a motion that
PCCD sign the contract. Mr. Owen provided the second and the motion wasapproved unanimously.

l:27 PMl:28 PM

President Holt requested discussion of agenda item Vll regarding a resolution
to authorize PCCD's Executive Manager to amend the contract with Collier
Consulting, Inc. Mr. Meyer informed the Board that they could either act ortable this agenda item for action later. Mrs. Knight made a motion to table
this agenda item until the need for amending the contract occurred.
President Holt requested discussion of agenda item Vlll regarding the review
and assessment of PCCD's Drought Management Plan. Mr. Daniel Meyer
stated that PCCD was required to perform this review on an annual basis.
Mr. Meyer turned this agenda item over to Tyler Farco. Tyler informed theBoard that there had not been much change from last year's numbers andthat the average annual water level was 381.95 feet AMSL; thus, no droughtstage was in effect. Tyler stated that the average decrease from last year
was 0.6 feet. Tyler informed the Board that a decrease of about 10 feetwould need to occur before PCCD's Stage I drought would go into effect,
which would be associated with imposing a 5o/o water restriction.

1:37 PM

President Holt requested discussion of agenda item lX regarding PCCD's
Quarterly lnvestment Report. Mrs. Knight stated that the report had been received, reviewed, and signed.

l:38 PM

President Holt requested discussion of agenda item X regarding an engagement letter from Montemayor, Britton and Bender (MBB) for auditing services.
Mr. Meyer stated, if approved, this would be the third single-audit to be performed by MBB. Mr. Meyer pointed out that the cost for the audit would be$14,750.00 compared to last year's cost of $13,750.00, which would be a
7.27o/o increase. Mrs. Knight made a motion that PCCD enter into the agreement for auditing services. Mr. Rothert provided the second and the motion
was approved unanimously.

l:39 PMPresident Holt requested discussion of agenda item Xl regarding amending
two cooperative agreements for Site 28 rehabilitation, LPLUM2S-RHB-FED003-20-AMENDMENT 3 to add federalfunding and LPLUM2S-RHB-ADDST2-O37-24-AMENDMENT 1 to add State funding. Mr. Meyer reminded theBoard that since the bid received for the project was higher than the available
funds, PCCD had requested more funding from the state and federal government. Mr. Meyer stated that Mr. Steve Bednarz (TSSWCB) and Mark Northcutt (NRCS) had informed him that the additional funds were available, but
still needed to be approved at the 0711812024 TSSWCB board meeting. Mr.
Meyer stated that if the Board decided to authorize Mr. Holt to sign theamendments on 0711612024, Mr. Bednarz stated that TSSWCB would holdthe agreements and once they had been approved at the 07/1812024 TSSWCB Board meeting, the agreements could be executed. Mr. Meyer statedthat he had added the next agenda item in case the Board was not comfortable authorizing Mr. Holt to sign the amendments before the official approval ofthe funds. Jean Ann Maynard stated if the amendments were approved forsignature at this meeting, it would help to expedite awarding the contract. Mr.
Owen made a motion that PCCD approve and sign both the state and federal
contract amendments. Mrs. Knight provided the second and the motion wasapproved unanimously.

J

1:45 PM

President Holt requested discussion of agenda item Xll regarding authorizing
President Holt to sign the two amended cooperative agreements when additional federal and state funds were received related to the Site 28 Rehabilitation Project. This agenda item did not require action.

l:45 PM

President Holt requested discussion of agenda item Xlll regarding amending
two cooperative agreements (PLUM21-RHB-ESF-508-20-AMEND 3 andLPLUM2S-RHB-ESF-509-20-AMEND 3) for State and Federal funding for theSite 21 and 28 Rehabilitation Projects. Mr. Meyer stated that the amendments would move up the expiration date for both agreements from December 31 , 2024, to July 31, 2024, but that any funding not used for legal/landrights and administrative expenses could be used to pay for construction expenses. Mrs. Knight made a motion that PCCD approve and authorize Mr.
Holt to sign both the agreement amendments, one for Site 21 and one forSite 28. Mr. Rothert provided the second and the motion was approved
unanimously.

2:03 PM

2:22PM

2:22PM

President Holt requested a report from the PCCD Geologist, Mr. Feathergail
Wilson. Mr. FeathergailWilson's presented a slideshow on PCCD's recently
completed monitoring well, located within the Carrizo barrier island complex,
specifically in the beach and dunes area. Mr. FeathergailWilson showed aslide that indicated the new water level for the monitoring well was 110.2,
about 18 feet into the Reklaw formation. Mr. Feathergail Wilson showed
slides of the barrier island complex along with locations of many other wells in
the area. Mr. FeathergailWilson showed a slide on the Wilcox monitoring
well that demonstrated a 17-foot drop in the water level over the last 60 days.
Mr. Feathergail also presented a slide on the placement of the screens in thenew monitoring well and explained the importance of the location of thescreens, specifically to provide an accurate representation of water flow anddrawdown.
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 gave an update on Site 31 and reminded the Board
that at a prior meeting, they had considered three options for adequate access to the site: (1) revegetation, (2) application of road base, and (3) a concrete ramp. Mr. Meyer reported that he had gone to Site 31 to tellthe landowner, Hiroshi Yabe, that the Board had directed him to research installing aconcrete ramp for access. Mr. Meyer stated that the landowner did not agreewith this option and wanted to discuss this with the Board. Mr. Meyer introduced the landowner to the Board. The landowner discussed extensively
with the Board a handout that he presented to the Board members, which included the reasons he did not want the concrete ramp as well as a diagram of
his personal plans to fix part of the access area. The landowner stated that
he objected to the use of concrete but proposed fixing the area himself. Mr.
Meyer stated that under the easement terms, PCCD had access rights andhis concern was that if an event occurred that required large trucks andequipment to get to the site quickly, the current access was not adequate andneeded to be revised. Mrs. Knight stated that because PCCD was looking at
inadequate site access as a potentially large problem; PCCD had to be prepared for that and asked that PCCD staff consult with a contractor regarding
what the best solution would be. The Board stated that if the contractor recommended concrete, then the District would move fonruard with the concreteramp. Mr. Reinecke made a motion that PCCD hire an expert to present arange of options with associated costs and the Board would decide based on

4these recommendations. Mrs. Knight provided the second and the motion
was approved unanimously. Mr. Holt asked that Mr. Bob Wilson speak about
the easement. Mr. Bob Wilson stated that the easement terms allowed
PCCD reasonable access to the structure, given that PCCD must be prepared to preserve as well as fix the high hazard dam during a potential catastrophic event. Mr. Meyer informed the Board that he had received a callfrom a landowner close to Site 7, Georgina Chaires. Mr. Meyer stated thatMs. Chaires' voiced her concern that the ground area around the water line
placed by Alliance Regional Water Authority (ARWA) had not been returned
to its original condition, which could redirect or block the water flow andcause erosion problems. Mr. Meyer stated that he would continue to workwith ARWA and NRCS. Mr. Meyer gave an update on Site 2 and informed
the Board that the final vegetation contract modification had to be reviewed
by the design engineer, Lance Finnefrock, who stated that he was concernedthat the water trucks could damage the subgrade while watering and he wasconcerned about the uniformity of irrigation. Mr. Meyer stated that clauses
were added to the contract modification indicating if these methods did notwork, then the plan would need to be redone to make sure that the site wasrevegetated properly. Mr. Meyer gave an update on Site 21 and informed theBoard that the vegetation had not met the 50% coverage criteria. Mr. Meyer
stated that the Site 21 contractor no longer had access to water because they
had reached the limit of their TCEQ temporary water permit. Mr. Meyer stated that Bob Wilson and Ed McCarthy had both worked with TCEQ to obtain
another temporary water use permit. Mr. Meyer reported that Mr. McCarthy
had been able to obtain two 10-acre feet temporary water permits, one forSite 21 and one for Site 2. Mr. Owen asked if the Site 2 final revegetation
had begun. Mr. Meyer stated that the contract modification had been sent toMAC today and PCCD was awaiting a response.

3:20 PM

3:35

President Holt requested a report from PCCD's Attorney, Bob Wilson. Mr.
Bob Wilson stated that he and Ed McCarthy have been discussing creating acomprehensive list dealing with dam structures such as easements, navigability of streams, and the differing laws/rules about building dams across navigable streams versus across non-navigable streams, how navigability wasdefined in the Texas Property Code, and who has the right as a riparian owner to pump water out of a PCCD reservoir. Mr. Bob Wilson also clarified thatthe recently obtained temporary water use permits were under PCCD'sname, not the contractor's name. Mr. Bob Wilson stated that he and Ed
McCarthy would continue to assess the District's needs for obtaining temporary water use permits for future construction projects.

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

3:35 PMReinecke made a motion to adjourn. Mrs. Knight provided the second andthe motion to adjourn passed unanimously.

/)(-(President

Vice-President