MINUTES OF THE
NEBRASKA NATURAL
RESOURCES COMMISSION MEETING
NOVEMBER 18, 2004
Those
in attendance were:
Beverly
Donaldson, Chair Glenn
Johnson
Richard
Jiskra, Member Paul Zillig
Joseph
Hergott, Member Marlin
Petermann
Dan
Watermeier, Member Milt
Moravek
Vince
Kramper, Member Doug
Gahn
Don
Roberts, Member Lynn
Webster
Garry
Anderson, Member Len
Schropfer
Richard
Hadenfeldt, Member Dorothy
Hillen
Arlond
Garratt, Member Eugene
Heitz
Wayne
Madsen, Member Sean
Heitz
Roger
Korell, Member Jody
Loseke
Jim
Van Marter, Member Roger
Patterson, Director
Wayne
Davis, Member Ann
Diers, Staff
Keith
Rexroth, Member Pat Diederich, Staff
LeRoy
Pieper, Member Tom Pesek, Staff
Clint
Johannes, Member Gayle Starr, Staff
The
meeting was called to order by Commission Chair, Beverly Donaldson, at 9:00 AM
in the conference room of the Lower Platte South NRD office in Lincoln,
Nebraska.
Notice
of the meeting was placed in the LINCOLN JOURNAL & STAR on November 10,
2004, notifying the public of the meeting.
The
following items of informational material were distributed during the course of
the meeting and a copy of each is attached to the file copy of the minutes.
1.
Water
Well Decommissioning Cash Fund Summary.
2.
Nebraska
Resources Development Fund Present Financial Status.
3.
Nebraska
Resources Development Fund Quarterly Report.
4.
Semi-Annual
Review of NRDF Projects.
5.
Status
of Small Watersheds Flood Control Fund.
6.
Soil
& Water Conservation Fund – Expenditures by Month, 1997-2005.
7.
Republican
Basin Water Meter Program status report.
8.
Natural
Resources Water Quality Fund Distributions.
9.
Fiscal
Year 2003-2004 Water Well Decommissioning Fund Distributions by NRD.
10.
Director’s
Recommendation on the Upper Prairie/Silver/Moores Creek Flood Control Project,
CPNRD.
11.
DNR
Fund Expenditures for September & October, 2004.
Gayle
Starr noted that the minutes of the September 28 meeting indicated that Dan
Watermeier was present voting aye on
the first motion but that he was in fact not there to vote.
Motion
was made by Kramper and seconded by Korell to approve the minutes of the
September 28, 2004, Commission meeting with the correction noted. Motion carried.
Aye: Kramper, Pieper, Roberts, Davis, Garratt, Johannes, Hadenfeldt,
Madsen, Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier, Van Marter,
Donaldson
Nay: None
Not
Present: None
The
expenditure report for September and October, 2004 was distributed to
Commission members.
Doug
Gahn of the Natural Resources Conservation Service commented briefly on funding
for NRCS programs. He noted that
Secretary Veneman had provided some initial program allocations to states even
though the federal appropriations bill for the fiscal year had not been
passed. He noted that Nebraska had
received approval for the first wetland reserve enhancement program in the
nation for an area along the Missouri River Corridor from Rulo to Ponca. He also commented on the conservation
security program that was authorized for portions of the Little Blue Basin this
year.
Roger
Patterson noted that the department had committed one million dollars toward
supplementing federal EQIP funds for a program to convert irrigated farm land
to dry land farm land in the Republican Basin over a four year period. He also briefly noted that the state is working with the Farm
Services Agency and other state, local and federal entities to obtain approval
of a CREP program for portions of the Republican and Platte River Basins. He also stated that progress was being made
in the Platte River Cooperative Agreement process and he was hopeful that a
program could be incorporated into legislation to be submitted to Congress in
2006.
Patterson
explained that the Water Policy Task Force would be meeting on November 30 with
the primary item of discussion to be planned utilization of available funds in
the current fiscal year as well as future funding needs.
Patterson
commended Wayne Madsen and Don Roberts for their assistance as members of the
Middle Republican NRD board in getting their rules and regulations
adopted. He also noted that the
department has initiated a negotiated rules making process for the rules and
regulations required as part of the implementation of LB 962.
Vince Kramper noted that the Environmental Trust office had moved to the Ferguson mansion near the Capitol and the board had held their first meeting there on November 8. He added that the Board had received 42 applications for approximately 31 million dollars in the current funding cycle and less than nine million dollars will be available for those applications. He added that of the 82 applications received, 26 were for the continuation of projects that had been funded in previous years.
PROCEDURES FOR COMMISSION
MEMBER CAUCUSES
Gayle
Starr explained that the procedures proposed for the Commission member caucuses
were the same ones that have been used since the initial caucuses in 1975. Starr recommended that the Commission
approve the procedures for the January 2005 caucuses and authorize the staff to
work with the NRDs and Commission members involved in establishing a schedule
and meeting locations for those caucuses.
Motion was made by Kramper and seconded by Van Marter to approve the
procedure for the January 2004 Commission Member Selection Caucuses and to
authorize the staff to work with the NRD Managers and Commission members involved to schedule the caucuses. Motion carried.
Aye: Pieper, Roberts, Davis, Garratt, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier, Van Marter, Madsen, Kramper, Donaldson
Nay: None
Not
Present: None
Tom Pesek distributed the Resources Development Fund financial status report and reviewed the information in the report. He also noted that the quarterly report had been distributed to Commission members and that the semi-annual review of active projects would take place at this meeting.
Pesek noted that the Lake Ericson, Lower Wood River/Upper Warm Slough and Pender Flood Control projects were all nearing completion. He added that the Winslow Levee Project is in the design stage
and
that some changes were being made because of the need to accommodate concerns
of the Burlington Northern railroad
where the levee is tying into the railroad tracks.
Paul
Zillig representing the Lower Platte South NRD reviewed the progress being made
on the Stevens Creek Watershed Flood Control Project just east of Lincoln. Glenn Johnson, General Manager of the Lower
Platte South NRD, noted that he had briefed the Commission on the Antelope
Creek Project and had provided the members a tour of portions of the project
yesterday afternoon.
Joe
Hergott, Commission member and Board member of the Little Blue NRD, briefed the
Commission on recent activities on the Little Sandy Creek Watershed noting that
work on Site 61 was being held up pending appeal of the department’s decision
concerning a storage permit for that structure.
Len
Schropfer of the Ohiowa area commented briefly on the opposition to Site 61 and
briefly noted the current and potential legal proceedings involving that
project.
Marlin
Petermann, representing the Papio-Missouri River NRD, briefed the Commission on
activities regarding the Western Sarpy/Clear Creek Project. He particularly noted the cabin relocations,
removals, and raisings that are taking place prior to the project construction.
Tom
Pesek also commented on several pending projects including the Leigh Dam
Project noting that it was currently anticipated that the Director’s
recommendation on that project would be presented to the Commission at their
January meeting. Sean Heitz, representing
opponents of the Leigh Dam Project, explained the various concerns of the
opponents and the reasons for their opposition.
Dan
Watermeier noted that the three member committee of Vince Kramper, Wayne Davis,
and Richard Jiskra had reviewed the recommendation of the director regarding
the Prairie/Silver/Moores Creek Resources Development Fund project. Vince Kramper explained that the committee
was recommending that the project be approved with a grant funding level of
52.5 percent. Motion was made by
Watermeier and seconded by Korell that the Natural Resources Commission, having
reviewed and considered the recommendation of the Director of Natural
Resources, hereby makes the following findings of fact:
(1)
The Upper Prairie/Silver/Moores Creek Project will be of
general public benefit;
(2) The project plan does not conflict with any existing state land
plan;
(3)
The
project has been determined to be technically, economically, and
financially feasible and environmentally
acceptable according to the Nebraska Resources Development Fund
criteria;
(4)
The
plan for development is satisfactory;
(5)
The
plan minimizes any adverse impacts on the natural environment;
(6)
The
Central Platte Natural Resources District (NRD) is qualified, responsible, and
legally capable of carrying out the project;
(7)
Other plans and programs of the state were taken into
consideration in preparing the plan of development in accordance with section
84-135, and resources development plans of the political subdivisions of the
state were considered;
(8)
The project will not jeopardize the continued existence
of any threatened or endangered species or modify or destroy the
habitat of any such species; and
(9)
The project as presented will result in a change to the
City of Grand Island’s existing 100-year floodplain. As a participating community in the
National Flood Insurance Program (NFIP), the city is responsible for
submitting technical data to the Federal Emergency Management Agency (FEMA) to
support this floodplain revision.
and
therefore resolves that:
(1)
The
Upper Prairie/Silver/Moores Creek Project is eligible for funding from the Nebraska Resources Development
Fund; actual funding to be subject to the condition that the money required
from the Fund is available and the application of the assessment system for
obligating funds.
(2)
The
funding, if and when provided, should be in the form of a grant for up to
$8,633,502.68 not to exceed 52.5% of the total project cost, currently
estimated to be $16,444,767, including the cost of the feasibility study
($264,500).
(3) After
FEMA’s current remapping effort in Hall County is completed, the sponsor is to
submit data under FEMA’s Conditional Letter of Map Revision (CLOMR)
process. The CLOMR request allows FEMA
to issue a conditional determination regarding the effects of the proposed project
and assures that the completed project will be in compliance with the
minimum floodplain management requirements of the NFIP. It will also allow the city and the state to
assure that the completed project will be in compliance with state minimum
standards for floodplain management programs.
(4)
The Director of the Department of Natural Resources is authorized to
negotiate and enter into a contract with the Central Platte NRD
for carrying out the provisions of the project.
Motion carried.
Aye: Roberts, Davis, Garratt, Johannes, Hadenfeldt, Anderson,
Hergott, Jiskra, Korell, Rexroth,
Watermeier, Van Marter, Madsen,
Kramper, Pieper, Donaldson
Nay: None
Not
Present: None
Tom
Pesek distributed and reviewed the status report on the Small Watersheds Flood
Control Fund. He also reported on the
sale of the tract at Middle Big Nemaha Site 88 which will be the subject of a
public auction on January 12, 2005. He
noted that he had prepared an appraisal of this project property and provided a
copy for Commission members review.
Watermeier
noted that Gayle Starr had distributed the status reports on the Soil &
Water Conservation Fund, Natural Resources Water Quality fund, and Water Well
Decommissioning Fund at the committee meeting and had reviewed them.
Richard Hadenfeldt explained that Ann Diers and Pat Diederich had provided the Commission with a briefing on proposed amendments to the department’s dam safety legislation. Hadenfeldt added that Ann Diers had advised the committee that some proposed amendments to LB 962 were being discussed but that they were generally minor in nature. Hadenfedlt explained that Gayle Starr had briefly updated the committee on the department’s current budget as well as the items being considered for the biennium beginning July 1, 2005.
It
was noted that at the January 26 Commission meeting an item will be on the
agenda to establish Commission meeting
dates for the coming year. Gayle Starr
noted that Jim Van Marter had invited the Commission to hold a meeting in Holdrege next year and that
consideration was being given to hold a meeting in Wahoo to coincide with a
Commission tour of the proposed Wanahoo Project.
The meeting was adjourned at approximately 10:40 a.m.
____________________________________ _____________________________________
Chair Director of Natural Resources