107 W. Locust St.-Suite 301

Boonville, IN 47601


January 11, 2006




The Warrick County Drainage Board met in regular session with Vice-President Phillip H. Baxter presiding; also in attendance was Don Williams, Secretary; James E. Niemeyer, Surveyor and David K. Zengler, Attorney for Board. Carl J. Conner was absent.


Minutes recorded and transcribed by Cheryl D. Embry.


Also in attendance in the audience were Fred J. Kuester, Denny Wene, Matthew Wallace, Doug Read, Bruce Miller and Michael Humphries.


Phil Baxter: Warrick County Drainage Board January 11, 2006 will now come to order.




Phil Baxter: The first order of business on the agenda is the Election of Officers.

I nominate Don Williams for President of the Drainage Board.


Don Williams: Iíll second that vote.


Phil Baxter: All in favor. Don Williams and Phil Baxter voted aye. Motion passed 2-0.


Don Williams:Mr. President, I would like to nominate Phil Baxter as Vice-President of the Warrick County Drainage Board.


Phil Baxter: Iíll second that. All in favor.Don Williams and Phil Baxter voted aye, motion passed 2-0.


Don Williams:Mr. President, I would like to nominate Carl Conner as Secretary of the Warrick County Drainage Board.


Phil Baxter:Iíll second that.


Don Williams and Phil Baxter voted aye. Motion passed 2-0.






Don Williams:To continue on with the agenda the next item is the appointment of the Drainage Board Attorney. Is there a nomination?


Phil Baxter: I nominate Mr. Zengler.


Don Williams: Nomination for David Zengler as our Attorney for Drainage Board, Iíll second that motion, all in favor say aye.


Phil Baxter: Aye


Don Williams:Aye motion passes two to zero.




Don Williams:The next item is Resolution 2006-1 which concerns the meeting dates, is there any reason to read this resolution, Mr. Attorney?


David Zengler:No


Don Williams:This concerns the meeting dates for the year, just to state those dates it is the 2nd & 4th Wednesday of each month, January through December. The only date I see in question is the 27th, whether weíll actually meet that date or not, but weíll leave it for now. This basically states that the meeting dates be January 11 & 25, February 8 & 22 March 8 & 22, April 12 & 26, May 10 & 24, June 14 & 28, July 12 & 26, August 9 & 23, September 13 & 27, October 11 & 25, November 8 & 22 and December 13 & 27. What is your pleasure concerning Resolution 2006-1?


Phil Baxter: Iíll move that we adopt the resolution.


Don Williams:Iíll second that motion, all in favor say aye.


Phil Baxter: Aye


Don Williams:Aye, motion carries 2-0.




Don Williams: The next item is the Certification of Action Drains for 2006, are there any questions concerning the certification of the regulated drains? Is there any changes from last year, Mr. Surveyor?


Jim Niemeyer: No sir.


Don Williams:No changes from last year, if there are no questions, Iíll entertain a motion.


Phil Baxter:I move we certify the active drains.


Don Williams:I second that motion, all in favor say aye.


Phil Baxter:Aye


Don Williams:Aye, motion carries two to zero.




Don Williams:The next item on the agenda is the approval of minutes of December 14th and the 28th.


Phil Baxter: I move we approve the minutes of December 14, 2005 and December 28, 2005.


Don Williams:Motion to approve the minutes, Iíll second that motion, all in favor state by saying aye. Phil Baxter and Don Williams both voted aye. Motion carried 2-0.






Jim Niemeyer:The first one is Colonial Classics Subdivision and is West of the now defunct Colonial Gardens, who is moving across the road to establish new business and I would like to present these gentlemen, Please state your name.


James A. McCarty, Jr. and Matt Wallace introduced themselves with Matt Wallace stating that he was with Morley and Associates and the Engineer on record for the drainage plan.


James A. McCarty:Basically, we are moving our location from currently right at the intersection of Epworth and Lloyd to 400 to 500 feet North and just on the other side, we purchased the old Don Creek Property, where they used to have the carnival rides as a lot of us remember it for that. We have and almost want to duplicate what weíve been doing across the street in the new location and the gentleman at Morleyís prepared the site plan and the calculated the drainage. We donít really intend to move very much soil at all, not because we donít need to but just to minimize disturbing the soil. Weíve currently in the last month moved most of our operation as far as landscaping design build equipment in the new buildings and modified the interior spaces. We are going to be moving off our old property by March 1st. We will be running a landscape firm there with related sundries that go along with it.


Don Williams:Is there a retention basin on the property?

Matt Wallace:We are not proposing a retention basin for this, there is very little new impervious surface. We are using gravel for the parking areas, the production houses that you see there have a shade cloth top to allow water to come through. We are not anticipating a lot of runoff being generated. The rear area which is currently or previously used for row crop will now be where we have our ball and burlap tree storage for sale of trees and those are all covered with mulch and soil. The runoff coition actually went down for those areas and there is not a significant amount of runoff, talking about less than 1 CFS difference in the runoff pre-developed post-developed cause thereís so much thatís already there that they are going to re-use and what is being added is not impervious roof structures or hard surface that will generate a tremendous amount of runoff. In discussing this with the County Surveyor, we felt that the HERPIC manual really wasnít written for production nurseries in mind and so we took a realistic approach to selection of the runoff co-efficiency in times of concentration and the factors that we came up with no significant increase in storm water runoff.


Don Williams:Whatís the area of the property?


James A. McCarty:13 acres and weíre basically utilizing the front 6 to 61/2. We are entertaining some thoughts about actually planting trees in the back six acres, which again would probably minimize the runoff and we donít really plan to put up a lot of structures that would shed water. A lot of my production greenhouses have temporary visqueen covers on them to cover the crops during the March or November when the weather is inclement and the rest of the year we have shade cloth on them where the water percolates right through and actually goes in the gravel. Weíre going to be covering up probably farm ground with gravel that will if anything slow the erosion and movement of water and allow it to percolate down through the ground better. Itís kind of what we did across the street.


Don Williams:†† Any questions from the Board?


Phil Baxter: Jim, what is your recommendation?


Jim Niemeyer:I recommend that we go ahead and let them proceed.


Don Williams:Do you have any input, Mr. Attorney?


David K. Zengler:No


Matt Wallace:The only thing I would want to point out is, itís technically not a subdivision. I didnít want for there to be a glitch or legal issue in the motion.


Don Williams:I understand that. What is the will of the Board?


Phil Baxter: I move we approve the Drainage Plans for Colonial Classics.


Don Williams seconded the motion and it was passed 2-0.




Fred Kuester:Iím Fred Kuester, the Engineer on the project and this is Ernie Schmitt the owner.


Jim Niemeyer: Basically, they are going to subdivide a piece of land into four parcels, each of which will be larger than 2 Ĺ acres and it will be a minor subdivision. There are no drainage requirements.


Don Williams:†† Where is this located?


Fred Kuester:At the end of Wheatonville Road and as you come from Wheatonville, going to the East.


Don Williams:Are there any questions?Mr. Surveyor, what is your recommendation?


Jim Niemeyer:I recommend that they proceed.


Phil Baxter: I move that we approve the drainage plans for Schmitt Acres.


Don Williams:Iíll second that motion, all in favor state by saying aye. Phil Baxter voted aye. Motion passed 2-0. Schmitt Acres is approved.




Jim Niemeyer:We have reviewed Lexingtonís plan and have found them to make all of the corrections that we requested and everything appears to be in order.


Bruce Miller:Bruce Miller with Barrington Development Group, this subdivision has come before you with no retention requested in its earlier meetings and the Drainage Board asked that retention be provided in the subdivision. Those plans have been taken back and that retention has been provided in the subdivision per the Drainage Board request.


Don Williams:Any questions, Mr. Baxter?


Phil Baxter: I have none.


Don Williams:I have none either, Mr. Surveyor, your recommendations.


Jim Niemeyer:I recommend we approve it.


Don Williams:†† Any input from the Attorney?


David K. Zengler:†† Nothing


Don Williams:I would entertain a motion.


Phil Baxter:I move we approve the drainage plans for Lexington Subdivision.


Don Williams seconded the motion. There were 2 aye votes. The motion was carried 2-0.


Bruce Miller thanked the Board.




Don Williams:The next item on the agenda we have some folks here from Alcoa that want to talk with us. This is your version of our MS4, Storm-Water Management.


The Gentlemen introduced themselves, Denny Dene from Alcoa and Mike Humphries with Flour Field Corporation, the Engineering Company with the new expansion.


Denny Dene:We are going to be putting in the new scrubbers, the large expansion project. Nearly all of that is going to be out of the drainage basin area, most of it is going to our ash ponds which are going to discharge to the Ohio River. All of our outfalls are currently under an NPDES permit, IN0001155, the State has a storm-water pollution prevention plan as well as Jim, and we have submitted that storm water pollution prevention plan as well as our construction practices and procedures. The only issue that we have and that we wanted to bring to the Board to check to see if we needed approval on is a lay-down area which will be draining to an unnamed tributary which does go to Cypress Creek. Now that would naturally be protected with berms and silt-fences that plan has not been developed yet, but it is on the way. All the other areas do not affect that creek. We just want a little bit of clarification on that.


Don Williams:My question is when you talk about an unnamed tributary, this is something thatís already there or is this something that youíre putting in.


Michael Humphries:Itís already there. He showed the Board on a plan that he had where the tributary starts and where it goes. There was much discussion about the plan and where the drain goes under culverts and roadways. They had a color coded plan drawn up and explained to the Board what the colors meant. They explained that nothing would be leaving the facility.


Jim Niemeyer asked them to point out the area where they were going to do the expansion and they pointed it out on the plan.


They explained that they are taking the sulfide gas thatís coming out of there and creates acid rain and what it is doing is taking the limestone and crushing it up and then adding sulfur to it and itís absorbing the sulfur out of it and that creates a product out of that and then your gas is nice and clean and you have a sellable product out of it.

Don Williams:So thatís definitely going to have a major impact on air quality.


Denny Dene: Itís like an environmental project and its going to help you with your EM2.5 and with all those things.


Don Williams:Weíre not talking about any kind of liquid pollutants going into this unnamed tributary or anything like that are we?


Denny Dene: No, this is completely off of there and this is all going to be ash pond and it is NPDES monitored outfall.


Don Williams:I understand that, I just wanted to make sure that there were no pollutants going into that tributary.


Phil Baxter:The lay down yard, all itís going to be is iron and stuff of that nature?


Michael Humphries: Yes, none of the buildings, none of that stuff is going to be there, itís just basically the structural steel, you know the housings and stuff so that we can erect these pieces as we need to go. Because itís more cost efficient to get all your steel in at once.


Phil Baxter: Yes, Iím in construction and I worked there for thirteen years, so I know.


Don Williams:Since this is a discussion line, what are you looking for as far as this Board, is it just a nod from us saying it looks like its good to us or?


Denny Dene: ††Well, either that or what is the process because in researching the permits necessary, we came across this Drainage Board. Normally we just submit to DNR, have a discussion and then send it up toÖÖÖ.


Don Williams:In other words, you have to send this through DNR also?


Denny Dene: ††Yes, we start at DNR, so we need to know what we need from you or can we carry on.


Don Williams:If you can get it through DNR you can probably get through us, I mean to be honest with you as long as itís notÖÖÖ


Michael Humphries: Well, the question is, is do we need to go back through you guys?


Don Williams:I donít know that you do, if itís not going into a Legal Drain, it eventually ends up in Cypress Creek, but itís not being generated.


Jim Niemeyer:But, itís not going into Cypress Creek.


Denny Dene: ††Well, this isnít this is just storm-water runoff. Iím just talking about this and future projects, cause we have a borrow area called Collins Lake and we have all this silt screening and everything goes through this forest area before it hits this little stream.


Don Williams:So this is draining north and then it curves back around and comes back to the river. Itís too bad you just didnít cut a ditch and run it right in the river.


Denny Dene:I tried, it cost too much money.


Don Williams:Have you considered any additional quantity of water that is going into Cypress Creek?


Mike Humphries: We always do that when we do the storm water plan, we do the TR-55 to make sure we donít have an excessive amount. We run the models and very rarely do we have anything, especially with how flat this is. Youíre not going to have a lot of issues with that. So, I guess what the true question is, do I have to come back here with a new plan if I use this area for signoff.


David K. Zengler:I donít think if theyíre not increasing either the runoff or increasing pollutants, then I donít think they need to.


Don Williams:And they are not draining directly into Cypress, so I donít think they need to come back. Youíre our attorney and you know. Yes, and if Cypress Creek becomes polluted and we trace it back to Alcoa, then weíll have to come talk to you.


Denny Dene: ††So, for future projects, if we are going to increase the pollutants, then I have to come back here and talk to you guys.


Don Williams:Yes, we would definitely like to know about it if itís going into one of our Legal Drains.


Denny Dene: Well, this is the first time Iíve ever really done anything to increase and that is why I wanted to come before you and get any answer or to see what we needed to do.


Don Williams; I personally would rather you ran your ditch to the river, but I donít have a problem with what you are doing there. But, if there was a significant quantity of water going in there, but it sounds to me like with all the rock in there it is going to absorb a lot of it anyway.


There was much more discussion on the storm-water and processed water and how it goes to their outfall and how it minimizes the effects of water and water usage for our facilities.


Jim Niemeyer:They use over a half a billion of gallons of water a day.


Phil Baxter: Are you still working on the rain furnace?


Denny Dene: That is finished, I believe, so that should be all in place, in fact we are back to rebuilding walls in it.


Don Williams thanked the gentlemen for their presentation and in return they thanked the Board for letting them present it.




Don Williams:The next item on the agenda is the claims totaling $4,675.62. Iím assuming that Mr. Bigge has finished that area of Howard-Williams Ditch and it is a completed project?


Jim Niemeyer:Yes, it is finished.


Phil Baxter: I make a motion we pay the claims.


Don Williams second the motion; both voted aye, motion was carried 2-0.




Jim Niemeyer stated that the only other business was he needs affirmation from to Board to start on Willow Pond Ditch and that it wouldnít take over couple 2 or 3 days.


Don Williams:You talking primarily just debris?


Jim Niemeyer:Yes, thereís debris in there and a bunch of junk.


Don Williams: Junk, old refrigerators and stuff like that. We find those in legal drains every once in a while.


Jim Niemeyer:Thereís trees down in there and debris that blew in there.


Phil Baxter:You might want to keep track of that and check with FEMA and see if we can get some help on that.


Don Williams:Is this the emergency deal we were talking about earlier?


Jim Niemeyer:No, thatís Allen Ditch and weíll go down there Friday if you can. I think it would be well worth your while to see it.


Don Williams:You might want to give me a call about 1 or 1:30.


Jim Niemeyer:The thing that bothers me is the High Pressure BP line that contains xylene and itís pumped at 1400 psi and it is very toxic and flammable.

Phil Baxter: If you go down and look at it, I know whatís going on, Iíve looked at it and I agree with Jim.


Don Williams:Do I need boots?


Jim Niemeyer:No


Don asked the Board individually if there was anything to come before it, if not he asked for a motion to adjourn.


Phil Baxter made the motion to adjourn, Don Williams seconded the motion. There were 2 aye votes. Motion carried 2-0, motion carried. Meeting adjourned.