MINUTES OF THE
NEBRASKA NATURAL
RESOURCES COMMISSION MEETING
MARCH 24, 2005
Those
in attendance were:
Jim Van Marter, Chair Mark
Walkenhorst
Richard Jiskra, Member Eric Smith
Joe Hergott, Member Stan
Staab
Roger Korell, Member Ken
Berney
Myron Lembke, Member Lynn
Webster
Keith Rexroth, Member Eldon Wesely
Wayne Davis, Member Ken
Peitzmeier
Richard Hadenfeldt, Member Gerald
Kratochvil
Garry Anderson, Member Bill Meyer
Beverly Donaldson, Member Steve Mossman
Dan Watermeier, Member Dorothy
Hillen
Clinton Johannes, Member Mike Sotak
Arlond Garratt, Member Roger
Patterson, Director
Vince Kramper, Member Tom Pesek,
Staff
John Burkholder, Member Gayle
Starr, Staff
A significant number of the public
The
meeting was called to order by Commission Chair Jim Van Marter at 8:30 a.m. in
the meeting room of the Holiday Inn Express in Columbus, Nebraska.
Notice of the meeting
was placed in the LINCOLN JOURNAL & STAR and the COLUMBUS TELEGRAPH.
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.
Director’s
Recommendation on the Leigh Dam Project, LENRD.
5.
Status
of Small Watersheds Flood Control Fund.
6.
Soil
& Water Conservation Fund – Expenditures by Month, 1997-2005.
7.
Republican
River Basin Water Meter Program status report.
8.
Natural
Resources Water Quality Fund Status.
9. DNR Fund Expenditures for January & February 2005.
Motion was made by Kramper and seconded by Jiskra to
approve the minutes of the January 26, 2005, Commission meeting as distributed. Motion carried.
Aye: Jiskra, Korell, Rexroth,
Watermeier, Van Marter, Madsen, Kramper, Burkholder, Lembke, Donaldson, Davis,
Garratt, Johannes, Hadenfeldt, Anderson, Hergott,
Nay: None
Gayle
Starr noted that the expenditure report for the various funds for the months of
January and February 2005 had been made available to Commission members.
Mark Walkenhorst, Resources Conservationist in Columbus for NRCS, indicated he was representing State Conservationist Steve Chick. Walkenhorst distributed a status report and some additional information and briefly commented about the Conservation Security Program, Conservation Reserve Program and the Administration’s proposed budget for NRCS programs.
Director
Roger Patterson briefly reviewed the Platte-Republican Basin CREP Program and
the Water Conservation EQIP Program that are just now being
initiated. He also commented briefly on
the water supply situation in the Platte and Republican Rivers systems noting
that at present it appears that another year of very limited water supply is in
store. He also discussed the very
limited water supply in the Missouri River system as well as the activities
that are taking place regarding the operation of the Missouri River by the U.S.
Army Corps of Engineers.
Patterson explained that significant staff activity in relation to the implementation of the provisions of L.B. 962 are taking place and in particular the negotiated rules and regulations process that is underway. He added that the Water Policy Task Force is continuing to work on various water policy issues including some concerns in relation to municipal water supplies.
Vince
Kramper noted that the Environmental Trust received a total of 108 applications
this year for $31 million and that the funding committee’s recommendation
is to approve 72 projects for a total of $9 million that is now available.
Clinton Johannes noted
that the Resources Development Fund Status Report and Quarterly Report had been
reviewed with committee members at the committee meeting on March 23 and noted
that the first item for Commission
action was the committee recommendation on the Leigh Dam Resources Development
Fund Project application and
noted that two individuals had asked to speak to the Commission and he called
on Dorothy Hillen who reminded the
Commission of the situation of over 20 years ago when the Lower Elkhorn NRD
had proposed a dam in the same location as this proposed project and that
landowners had agreed to install conservation measures in place of the dam
being built. She added that those conservation
measures had been established and she felt the NRD was breaking a promise to
the landowners that the dam would not be proposed again.
Steve Mossman, an attorney
representing some of the project opponents, noted that the Platte County Board
of Supervisors had not agreed to any changes in the Platte/Colfax County’s
boundary road that would need to be raised for the proposed project. He added that while the attorneys for the
NRD and the Department of Natural Resources felt that the law allows the NRD to
proceed without the specific approval of Platte County, he expressed concern
that this was a poor situation and might lead to some problems. Johannes briefly reviewed the Commission
process.
Motion was made by Johannes
and seconded by Kramper that the Commission, having reviewed and considered the
recommendation of the Director of Natural Resources, hereby makes the following findings of fact:
(1)
The
Leigh Dam 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
Lower Elkhorn 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 would result in a change to the Village of Leigh’s
existing 100‑year floodplain. As a participating community in the
National Flood Insurance Program (NFIP),
the village is responsible for submitting technical data to the Federal Emergency Management
Agency (FEMA) to support this floodplain revision.
And
therefore resolves that:
(1)
The Leigh Dam 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 allocating funds.
(2)
The
funding, if and when provided, should be in the form of a grant for up to
$3,500,362.80 not to exceed 55% of the total project cost, currently estimated
to be $6,364,296, including the cost of the feasibility study ($187,000).
(3)
In view of the marginal economic feasibility of the
project, the project’s rate‑of‑return is to be recalculated after
the land rights appraisals are completed and final design/cost estimates
have been completed for the dam, in‑lake features, county roads, and
Highway 91. No funds will be
obligated for any other work until this economic feasibility review is
conducted and the continued economic feasibility of the project is demonstrated.
(4)
Any cost increase(s) associated with land rights
acquisition will be the responsibility of the sponsor as no
additional NRDF assistance will be provided for such cost increases.
(5)
After final design of the project is completed, the
sponsor and Village of Leigh are 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 village and the state to assure that the
completed project will be in compliance with state minimum standards
for floodplain management programs.
(6)
The
Director of the Department of Natural Resources is authorized to negotiate and enter into a contract with the Lower
Elkhorn NRD for carrying out the provisions of the project.
Motion carried.
Aye: Korell, Rexroth, Watermeier, Van Marter,
Madsen, Kramper, Burkholder, Lembke, Donaldson, Davis, Garratt, Johannes,
Hadenfeldt, Hergott, Jiskra,
Nay: None
Not Voting: None
Not Eligible to
Vote: Anderson
Johannes explained that John Turnbull and Jay Bitner, representing the Upper Big Blue NRD, had briefed the Committee on the Kezan Creek Resources Development Fund Project Proposal. Motion was made by Johannes and seconded by Korell that the Natural Resources Commission advise the Upper Big Blue NRD that it may proceed with an application and feasibility report for the Kezan Creek Project and that it is to address the comments and questions contained in the letter from the Director of Natural Resources. Motion carried.
Aye: Rexroth, Watermeier, Van Marter, Madsen, Kramper,
Burkholder, Lembke, Donaldson, Davis, Garratt, Johannes, Hadenfeldt, Anderson,
Hergott, Jiskra, Korell
Nay: None
The Committee had also discussed the Pigeon/Jones Creek
Site 15 Project Proposal. Motion was made by Johannes
and seconded by Jiskra that the Natural Resources Commission advise the Papio‑Missouri
River NRD that it may proceed with an application and feasibility
report for the Pigeon/Jones Creek Site 15 Project and
that it is to address the comments and questions contained in the letter
from the Director of Natural Resources. Motion carried.
Aye: Watermeier, Van Marter, Madsen, Kramper, Burkholder, Lembke,
Donaldson, Davis, Garratt, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra,
Korell, Rexroth
Nay: None
Johannes noted that
status reports on the Small Watersheds Flood Control Fund,
Soil and Water Conservation Fund, Natural Resources Water
Quality Fund, and Water Well Decommissioning Fund had been
distributed to Commission members at the committee meeting.
LEGISLATIVE AND BUDGET COMMITTEE
Keith Rexroth called on Gayle Starr who briefed the Commission on the status of the Commission budget and the Legislative process in adopting budgets for the various state programs. Starr also briefly reviewed the status of a number of Legislative Bills that are natural resources-related.
The next meeting of the Commission will be May 18-19 in
Wahoo. It was noted that the meeting
would be at the Lower Platte North NRD office and the agenda
would include a tour of the proposed Wanahoo Project just
north of the Town of Wahoo.
The meeting was adjourned at approximately 9:45 a.m.
____________________________________
_____________________________________
Chair Director of Natural Resources