MINUTES OF THE
November 17, 2005
Hampton Inn, I-80
Those in attendance were:
Jim Van Marter, Chair Joe Hergott, Member
Wayne Madsen, Member Richard Jiskra, Member
Roger Korell, Member John Burkholder, Member
Myron Lembke, Member Doug Gahn
Wayne Davis, Member Eric Dove
Richard Hadenfeldt, Member David Clabaugh
Garry Anderson, Member Scott Sobotka
Vince Kramper, Member Ken Berney
Beverly Donaldson, Member Tom Pesek, Staff
Dan Watermeier, Member Gayle Starr, Staff
The meeting was called to
order by Commission Chair Jim Van Marter in a conference room at the Airport
Hampton Inn,
Notice of the meeting was published in the LINCOLN JOURNAL & STAR on November 9, 2005, 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.
2. Status of Small Watersheds Flood Control Fund.
3. Semi-Annual Review of NRDF Projects.
4.
Letter from
5.
6. Policy Statements V, VII, VIII, IX, X, XI, XII - Operations
7. Status of Small Watersheds Flood Control Fund.
8. Soil & Water Conservation Fund – Expenditures by Month, 1998-2006.
9.
10. Natural Resources Water Quality Fund Status.
11. Water Well Decommissioning Fund Status.
12.
13. DNR Fund Expenditures for September & October, 2005.
MINUTES
Motion was made by Kramper and seconded by Watermeier to approve the minutes of the September 28, 2005 Commission meeting as distributed. Motion carried.
Aye: Lembke, Johannes, Hadenfeldt, Anderson, Burkholder, Hergott, Davis, Jiskra, Watermeier, Donaldson, Korell, Madsen, Kramper, Van Marter
Nay: None
Not Present: Garratt, Rexroth
It was noted that the expenditures for the months of September and October, 2005, have been made available for Commission members.
ADVISOR’S COMMENTS
Doug Gahn, Acting State Conservationist for NRCS, briefly reviewed several NRCS programs and responded to questions. He particularly noted that the fiscal year 2005-2006 budget for NRCS had been adopted by Congress and signed by the President. He added that it provided for only limited increases but they expected to be able to continue all programs at approximately the same level as last year.
ACTING DIRECTOR’S REPORT
Gayle Starr indicated that
Ann Bleed could not be present because of some other commitments. He
briefly explained the deficit budget request that had been submitted to the
Governor based on the recommendations of the Water Policy Task Force.
Starr also noted that the department expects to move ahead with an additional
EQIP program in the
Starr introduced Steve McMaster of the department’s Dam Safety and Floodplain Management staff, who provided the Commission with a thorough briefing on the National Flood Insurance Program and recent developments with regard to that program.
Vince Kramper reported that the Environmental Trust had received 85 new applications for approximately 35 million dollars. He estimated that the Trust expects to have available about
nine million dollars, of which three million is tentatively earmarked for second and third years of previously approved projects and six million will be available for new applications.
WATER POLICY TASK FORCE
Clint Johannes noted that the recent activities of the Task Force and its’ committees had been focused on funding issues and some potential amendments to LB 962 that would address some municipal issues. He added that the Executive Committee of the Task Force would be meeting Friday morning in
COMPREHENSIVE PLANNING COMMITTEE
Wayne Madsen indicated that Steve Gaul and Tina Kurtz of the department staff had provided the committee with an excellent briefing on the implementation of the provisions of LB 962.
Tom Pesek reviewed the Resources Development Fund status report, quarterly report, and provided the semi-annual review of currently active projects.
Johannes explained that the three member committee of the Program Committee had provided their recommendation at the Program Committee meeting earlier in the day and that the recommendation was for approval of the Lower Turkey Creek Watershed and the obligation of funds for that project. Motion was made by Johannes and seconded by Anderson to recommend 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 Lower Turkey Creek Watershed 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
(4) The plan for development is satisfactory;
(5) The Plan minimizes any adverse impact on the natural environment;
(6) The Lower Big Blue 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 changes to the existing 100-year floodplain at the
And therefore resolves that:
(1) The Lower Turkey Creek Watershed 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, will be in the form of a grant for up to $3,565,200 not to exceed 60% of the total project cost, currently estimated to be $5,942,000, including the cost of the feasibility study ($255,000).
(3) In view of the biennial budget bill’s requirement that the total amount allocated to approved projects cannot exceed the total amount obligated to projects by $13,500,000, only 60% NRDF funding is provided at this time. If future funding were to eliminate this current restriction, the Natural Resources Commission would consider a sponsor request for a higher level of funding.
(4)
After final design of
the project is completed, the sponsor and
(5) In the event this project would receive funding provided by FEMA through its Flood Mitigation Assistance Program, the level of NRDF assistance will be reviewed and may be adjusted.
(6) The Director of the Department of Natural Resources is authorized to negotiate and enter into a contract with the Lower Big Blue NRD for carrying out the provisions of the project, and
(7) $1,312,200.00 is obligated to the project effective immediately for the following components:
Component No. 1 – Feasibility Study $153,000.00
Component No. 2 – Survey, Geotech, and 409,200.00
Final Design of All Seven Sites
Component No. 3 – Appraisals and Land Rights - 420,000.00
Sites 3, 4, 8, 9
Component No. 4 – Construction and Road Mitigation - 330,000.00
- Sites 3, 8
TOTAL: $1,312,200.00
Aye: Johannes, Hadenfeldt, Anderson, Hergott, Davis, Watermeier, Korell, Madsen, Kramper,
Lembke, Donaldson, Van Marter
Nay: None
Not Present: Rexroth, Garratt, Burkholder
Not Eligible to Vote: Jiskra
Johannes explained that Ken Berney of the Lower Elkhorn NRD, had briefed the Program Committee on the Winslow Levee Project and explained the reasons for the request for an increased allocation of obligation of funds for that project. Motion was made by Johannes and seconded by Korell to increase allocation and obligation of funds for the Winslow Levee Project by $34,512.62 (Component No. 2 - Final Design, Geo‑Technical & Mapping - $930.90 and Component No. 3 - Land Acquisition - $33,581.72) from $456,582.00 to $491,094.62 and obligate the additional funds effective immediately.
Aye: Hadenfeldt, Anderson, Hergott, Davis, Jiskra, Watermeier, Donaldson, Korell, Madsen,
Kramper, Lembke, Johannes, Van Marter
Nay: None
Not Present: Rexroth, Garratt, Burkholder
Johannes explained that the Program Committee had reviewed the policy statements relating to the Resources Development Fund and several amendments suggested by the staff. He noted that the policy statements would be circulated to the NRDs and other project sponsors for their comments and that potential Commission action on any changes would be on the agenda for the next Commission meeting but that it would not be necessary to make the changes at that meeting.
It was explained that the Natural Resources Committee of the Legislature was holding a hearing on a resolution regarding the review of several aspects of the Resources Development Fund process on November 22 and that Jim Cook and Tom Pesek would be testifying on behalf of the department. It was noted that the department’s testimony would be to provide the committee with information and explain the Resources Development Fund process and not necessarily to make any recommendations on any changes. It was noted that should the Legislature adopt any changes it might be necessary to make changes in some of the policy statements.
Johannes indicated that Tom Pesek had provided the committee with a brief update on the status of the Small Watersheds Flood Control Fund.
Johannes also indicated that Gayle Starr had provided the committee with status reports for the Soil and Water Conservation Fund, Natural Resources Water Quality Fund, Water Well Decommissioning Fund, Republican Basin Environmental Quality Incentive Program, and the Platte/Republican CREP program.
NEXT MEETING
It was noted that the next
meeting of the Commission would be in conjunction with the NARD Legislative
conference in
ADJOURNMENT
The meeting was adjourned at approximately 11:00 a.m.
____________________________________ _____________________________________
Chair Director of Natural Resources