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Home My WebLink About0602 Minutes for June 2, 2020 Adams County Board of Supervisors Board Minutes Courthouse,Adams County,Tuesday June 2,2020 A regular meeting of the Adams County Board of Supervisors was held with Chairman Lee Hogan presiding. Roll call members present, Michael Stromer- District 1, Glen Larsen—District 2, Lee Hogan- District 3,Scott Thomsen—District 4, Dale Curtis- District 5,Chuck Neumann—District 6, Eldon Orthmann—District 7. Motion by Orthmann, seconded by Larsen that this is an open public meeting of the Adams County Board of Supervisors. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann, Orthmann. Nays:None Chairman Hogan requested a motion to approve the minutes from the May 19, 2020 meeting. Motion by Neumann, seconded by Curtis to approve the minutes from the May 19, 2020 meeting. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann,Orthmann. Nays: None Public notice of this meeting has been given by publication in the Hastings Tribune and by posting.An agenda was available to the board members and was kept continuously current and posted in the County Clerk's office,the main courthouse lobby and the Adams County website.The following is the agenda of items to be heard, no modifications were made to the agenda after 9:30 a.m.the business day prior to this meeting. Agenda for Meeting of Adams County Board of Supervisors County Board Room,Courthouse,2nd Floor *Date of Meeting,June 2,2020, 9:30 AM Chairman to request a motion that this is an open public meeting oldie Adams County Board of Supervisors Announce location of Agenda&Open Meetings law postings Reminder to turn off all cell phones Pledge of Allegiance Conflicts of Interest Roll call: Approve minutes: Committee reports: Receive Comments from the Public: 9:45 a.m.Jennie Theesen—Present for possible approval,an agreement with Heartland Pet Connection for boarding of animals David Bergin-10:00 AM: Isolated land heating pursuant to Neb.Stat.§39-1713 thru§39-1718 concerning land owned by Maxine Strasburg and the Ronald D.Strasburg Testamentary Taut,and possible action taken by the Board of Supervisors pursuant to such hearing. 10:15 Jo Springer—SASA Program update and budget request 10:30 Elizabeth Spilinek—Adams County Historical Society—program update and budget request Randy Kort—Request signing of plans for Hastings Rural Fire Building Dawn Miller-Present for chairman's signature;2020 interlocal gravel and road maintenance agreements with townships Review bond documents and signing of Resolution 2020-06-02.01 relating to the 2020 asphalt project with Andy Forney,DA Davidson present for discussion Discussion and possible action on financing option s relating to the ACOB parking lot project Review and possible award of bids for ACOB parking lot Dale Curtis—Present for possible approval Delta Dental group insurance renewal Present for possible approval,employee health insuranc plan and rates for 2020/2021 Presentation of CASA budget request Lee Hogan—Discussion and possible action on courthouse operating procedures relating to COVID pandemic Present for possible approval;Region 3 matching funds request Miscellaneous Business 153 Page Claims Miscellaneous Receipts Officer Reports This agenda is subject to amending until 9:30 AM on the Monday preceding the Board meeting. Note to Citizens:Any agenda item may be moved down at any time at the discretion of the Chairman of the Board of Supervisors. Last updated on June 1.2020 at 9:25 a.m For non-English speaking attendees wishing to arrange for a sign language or foreign language interpreter,please call or fax the County Attorney's office at Phone:402-461-7240 or Fax:402 461-7241. Far hearing-in;►aizcd individuals or individuals with other special needs call or fax the County Clerk's Office at Phone:402 461-7107,or TTY:402 461-7166 or Fax:402-461-7185. When requesting an interpreter or services for the hearing impaired,please provide at least forty-eight(48)bouts advance notice to allow time for making the accommodates. The Board reserves the right to go into executive session if such session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Board members attended the following committee meetings and community events since the May 19, 2020 and provided a brief report: Neumann- May 23, 2020—Toured rural roads in the southwest portion of the county to assess flood damage May 28, 2020—Attended an Adams County Road and Bridge Committee meeting Curtis- May 26, 2020—Attended an Adams County Ag Board meeting May 27, 2020—Attended an Adams County Chamber Board meeting May 28, 2020—Attended a South Central Economic Development District loan committee meeting May 28, 2020—Attended a South Central Economic Development District committee meeting Larsen- May 28, 2020—Attended an Adams County Road and Bridge Committee meeting May 23, 2020—Toured rural roads in the southwest portion of the county to assess flood damage Thomsen- Met with the Adams County Treasurer several times over the last two weeks to develop a plan to be open to walk in traffic (date not provided)attended a bid opening for the Adams County Office Building parking lot project Circulated a proposed sign for the Adams County Extension Office building(Wallace building) Stromer- May 27, 2019—Participated in the cash in lieu meeting via Zoom May 28, 2020—Attended a Community Action partnership meeting June 2,2020—Attended an Adams County Building and Grounds Committee meeting Orthmann- June 2, 2020—Attended an Adams County Building and Grounds Committee meeting Hogan- May 22, 2020—Attended a Region 3 Board meeting May 23, 2020- Toured rural roads in the southwest portion of the county to assess flood damage May 24, 2020—Toured rural roads in the northwest portion of the county to assess flood damage May 28, 2020—Attended an Adams County Road and Bridge Committee meeting Chairman Hogan opened the meeting to receive comments from the public. Alton Jackson of 820 S. Shore Drive in Hastings, spoke on behalf of the Lifehouse Church to address the fact that property taxes where being assessed to the property when the property should be exempt. Jackson has requested an adjustment in the past but stated due to exemptions being made due to the COVID-19 pandemic, he is requesting his case be reconsidered.Jackson also stated that it has come to 154 I Page his attention that his attorney David Fisher had mailed the appropriate documentation to the county assessors office.Chairman Hogan requested that Mr.Jackson's request be placed on the June 16, 2020 Board of Equalization agenda. Heartland Pet Connection Director,Jennie Theesen, presented the board with a proposal for the care of animals associated with pending court cases.Theesen submitted the following proposal: rft CM 3. Adams County Board of Supervisors Today I have the proposed options that I have worked on with Chuck Neumann,regarding the contract for Heartland Pet Connection.The last two years Heartland Pet Connection has received multiple court cases that have been through the county attorney's office that led us to request additional financial assistance for the care of the animals in those cases.The options below allow for us to continue care for animals in these situations that hopefully one option will suit both of us. Below are two different contract options; Option A:Raise the yearly contract to$7,000 with limit of 100 animals.The said amount of$7,000 would have an automatic increase of 5%each year upon renewal. Option B:Keep the current yearly contract of$5,000 and then just pay additional fees for court cases. The said amount of$5,000 would have an automatic increase of 5%each year upon renewal.The additional fees would be charged as follows: • Boarding would be charged at a rate of$12 per day for the first 20 days.After the initial 20 days it would be$15 per day for the remaining time. • Bite Cases must be housed for 10-24 hour periods before being released back to owners.Bite case boarding is$30 per day and if it goes to court past the 10 day period it remains at$30 per day for boarding a dangerous animal. • Euthanasia of any court case and/or bite case animal is$90. • The county would only be charged the same cost of what Heartland Pet Connection was charged for veterinary care.Preventative medications and vaccinations would also be billed at cost of what Heartland Pet Connection pays for them. Option B is the first preference of Heartland Pet Connection. The protection of the public is top priority as well as the welfare of the animals.People that misuse animals should be prosecuted and held responsible for the care of the animals in those cases.This option allows the county to pay for those cases as they arise,with the ability to seek restitution for the cost incurred in each case.This in turn, holds the owner/controller of the said pet responsible for those costs. Please let me know if you have any questions regarding the proposal.Thank you for your consideration. Supervisor Neumann addressed the proposed 5%increase each year with each option. Neumann and Thomsen both stated they would be more comfortable with a 2.5%-3%annual increase. Theesen's request was deferred pending further negotiations. At 10:00 a.m.a motion was made by Stromer,seconded by Larsen to open the Isolated land hearing pursuant to Neb.Stat.§39-1713 thru §39-1718 concerning land owned by Maxine Strasburg and the Ronald D.Strasburg Testamentary Trust. Adams Deputy Attorney, David Bergin presented the board with exhibit A;the affidavit filed by Maxine Strasburg to Adams County. Chairman Hogan accepted exhibit A as presented by Deputy Attorney Bergin. 155 ' Page STATE OF NEBRASKA ) ss. AFFIDAVIT - COUNTY OF ADAMS ) Maxine Strasburg, having been first duly sworn on oath, deposes and states as follows: 1. I currently reside at 12175 South 1st Street, Ayr, Nebraska 68925. 2. That I am the owner of an undivided one-half interest the Northwest Quarter (NW/4) of Section Nine (9) , Township Five (5) North, Range Ten (10) West of the 6th P.M., Adams County, Nebraska. 3. That pursuant to a Deed of Distribution by Personal Representative filed with the Adams County Register of Deeds as Instrument No. 20125114, myself, as Trustee of the Ronald D. Strasburg Testamentary Trust own the remaining undivided one- half interest in and to the Northwest Quarter (NW/4) of Section Nine (9), Township Five (5), Range Ten (10) West of the 6th P.M., Adams County, Nebraska. 4. That I am petitioning the county to establish a road granting public access to the Southeast corner of said parcel. 5. That the Southeast corner of my quarter is shut-off from all public access by the Little Blue River bordering the North and West and surrounded by real estate belonging to others on the East, South and Southeast. 6. That when I obtained ownership of the land, we had access to the corner by way of a private access road. 7. That for the past 46 years I was able to access said parcel of land by way of a private road across my neighbor's land to the South. 8. That when Mr. Gregg Lay took ownership of the land, the aforementioned private road has since been cultivated into farmland, cutting off my access. 9. That the names and addresses of the adjacent landowners are as follows: Julie D. Rippen Credit Trust, c/o David B. Rippen, 410 Golden Valley Drive, Henderson, NV 89002; Craig L. Rippen Revocable Trust, c/o Craig L. Rippen 1591 Rocking Horse Drive, Henderson, NV 89002; Loyal E. Smith and Mary A. Smith, c/o Amy Elliott, 301 N. Main, Ste. 110, Newton, KS 67114 and Gregg Lay, 611 North Shore Drive, Hastings, NE 68901. 10. The Julie D. Rippen Credit Trust and the Craig L. Rippen Revocable Trust own the following described real estate: The Northeast Quarter (NE '�) of Section Nine (9) , Township Five (5) North, Range Ten (10) West of the 6th P.M., Adams County, Nebraska, EXCEPT Railroad Right-of-way and FURTHER EXCEPTING a tract of land conveyed to the State of Nebraska in Book 319, Page 131. 11. Loyal E. Smith and Mary A. Smith own the following described real estate: The Southeast Quarter (SE/4) of Section Nine (9), Township Five (5) North, Range Ten (10) , West of the 6th P.M., Adams County, Nebraska, EXCEPT for a tract of land more particularly described as follows: Beginning at the Southeast corner of said Quarter Section; thence Northerly a distance of 2637.83 feet along the East line of said Quarter Section; thence Westerly deflecting 89 degrees, 49 minutes left, a distance of 69.34 feet along the North line of said Quarter Section; thence Southerly deflecting 89 degrees, 55 minutes left, a distance of 2637.58 feet; thence Easterly deflecting 69 degrees, 54 minutes left, a distance of 80.85 feet along the South line of said Quarter Section to the Point of Beginning, and further excepting existing railroad right-of-way as shown in the Deed recorded December 2, 1878, in Book 5, Page 133. 156 I Page 12. Gregg Lay owns the following described real estate: The Southwest One-Quarter of Section Nine (9) , Township Five (5) North, Range Ten (10) West of the 6th P.M. , Adams County, Nebraska. 13. Letters were sent to above named landowners on March 11, 2019 and September 5, 2019. Mr. Loyal Smith advised that his tenant has been allowing my tenant access across his property after harvest is completed but he was unwilling to sell me a right-of-way as they were in the process of transferring the land to their children. 14 . On September 10, 2019, a proposal from Craig Rippen was received wherein I would be responsible for all costs of the road, right-of-way would be for three years and I would pay $4, 403 per year. Mr. Rippen further requested a first right of refusal if I ever sell the ground and he wanted permission to hunt on my land. This offer is not feasible as I only receive $1, 000 per year in cash rent for this parcel. 15. That I have not heard from my neighbor to the South Mr. Gregg Lay as he has refused to respond to my attempts to contact him. 16. I hereby request Adams County to provide public access to said parcel of land pursuant to Neb. Rev. Stat. §39-1716. Further affiant sayeth not. / //12/ ;xine Str."rg, i divi..ally and Trustee of the Run- d D. Strasburg Testamen':ry Trust The foregoing instrument was acknowledged before me this c.d day of A-9 r-, 1 , 2020, by Maxine Strasburg, individually and as Trustee of the Ronald D. Strasburg Testamentary Trust, known to me personally or who has produced satisfactory evidence of identification to me. Notary Public GENERAL NOTARY-State of Nebraska JOAN E.COBE My Comm.Exp.November 29,2022 Deputy Attorney Bergin presented the board with exhibit B, a copy of the public notice placed in three public locations.Chairman Hogan accepted exhibit B as presented by Bergin. 157 ' Page AFFIDAVIT OF PLACEMENT OF POSTED NOTICE IN ISOLATED LAND CASE RELATING TO LAND OWNED BY MAXINE STRASBURG COMES NOW,David A.Bergin,Deputy County Attorney in and for the County of Adams, State of Nebraska,and being sworn upon oath states as follows: 1. That,pursuant to Neb.Rev.Stat.§39-1715,the county board shall cause notice of the time and place of any isolated land hearing pursuant to Neb.Rev.Stat.§§39-1713 and 39-1714 to be posted in three public places in the county at least ten days before the time fixed therefor. 2. 1,David A.Bergin,Deputy County Attorney for Adams County,Nebraska,hereby states that on May 8,2020,I personally placed a copy of the attached notice on an area reserved for public notices within the following locations: Adams County Courthouse Adams County Register of Deeds United States Post Office 500 West Fourth Street 500 North Denver 300 North Kansas Avenue Hastings,Nebraska Hastings,Nebraska Hastings,Nebraska Dated: May 18,2020 David A.Bergin SUBSCRIBED AND SWORN TO,AND ACKNOWLEDGED before me by DAVID A. BERGIN,Deputy County Attorney for the CountyofAdams,on/M{Aay 18,2020. ENERALROTARY7 el Womb r�' U� // i1E1011 i;ftAF /71/1Ks 4 /%{/ MyCam.Ey,Lew 10.2022 I' Notary PubhiN Deputy Attorney Bergin presented exhibit C,a return of service showing notice of the public hearing was delivered to Gregg Lay. ADAMS CO SHERIFF #_ 500 West 4th Street:STE 126 Hastings.NE 68901 Run Date:05111/2020-10:18 RETURN OF SERVICE STATE OF NEBRASKA vs Lay,Gregg Randall CASE#: 202091 DOCKET#: 202091 TYPE OF SERVICE: Personal Service SERVED: Lay,Gregg Randall LOCATION: 611 NORTH SHORE DRIVE HASTINGS NE 68901 DATE/TIME SERVED: 05/10/2020 at 08:25 Special Instructions: SERVED:NOTICE OF A PUBLIC HEARING Processing: $18.00 Mileage: $0.50 Sheriff JOHN RUST Levy: $0.00 Tow: $0.00 Storage: $0.00 MISC: $0.00 TOTAL S18.50 By Fahreohall;Richard it,,.,( it i! Signature Fees charges to/paid by ADAMS COUNTY ATTORNEY Atty/Party: PO BOX 95 HASTINGS NE 68902-0095 158 ' Page NOTICE TO GREGG LAY OF A PUBLIC HEARING RELATING TO ISOLATED LAND PURSUANT TO NEB.REV STAT.§39-1713 TO: GREGG LAY,611 North Shore Drive,Hastings,Nebraska 68901 Maxine Strasburg,Personally,and as Trustee of the Ronald D.Strasburg Testamentary Trust has filed with the Adams County Board of Supervisors an affidavit related to access to isolated land pursuant to Nebraska Revised Statutes section 39-1713. Such affidavit relates to the land described as follows: The Northwest Quarter(NW'/)of Section Nine(9),Township Five(5)North,Range Ten(10)West of the 6'h P.M.,Adams County,Nebraska. YOU ARE HEREBY NOTIFIED that the Public Hearing may affect land which is owned by YOU, which is hereinafter described: The Southwest One-Quarter(SW 1/4)of Section Nine(9),Township Five(5)North,Range Ten(10)West of the 6'h P.M.,Adams County,Nebraska. YOU ARE HEREBY NOTIFIED that the Adams County Board of Supervisors will hold a PUBLIC HEARING relating to access to the above-described land on Tuesday,June 2,2020,at 10:00 AM,in the Board Chambers of the Adams County Board of Supervisors located on the second floor of the Adams County Courthouse,Hastings,Nebraska. Deputy Attorney Bergin submitted exhibit D,confirmation of notice delivered to Julie D. Rippen Credit Trust and Craig L. Rippen Revocable Trust. Exhibit D was accepted by Chairman Hogan. NOTICE TO JULIE D.RIPPEN CREDIT TRUST AND --= ' CRAIG L.RIPPEN REVOCABLE TRUST OF A PUBLIC HEARING RELATING TO ISOLATED LAND PURSUANT TO NEW REV STAT.§39-1713 TO: JULIE. D RIPPEN CREDI"I TRUST,c/o David B. Rippen,410 Golden Valley Drive, Henderson. Nevada 89002:and CRAIG L.RIPPEN REVOCABLE TRUST,c/o Craig L. Rippen, 1591 Rocking I lorse Drive, Henderson.Nevada 89002: Marine Strasburg, Personally,and as Trustee of the Ronald D. Strasburg Testamentary Trust has filed with the Adams County Board of Supervisors an affidavit related to access to isolated land pursuant to Nebraska Revised Statutes section 39-I 713. Such affidavit relates to the land described as follows: The Northwest Quarter(NW '/,)of Section Nine(9)."township Five(5)North.Range Ten(1 0)West of the 6"'P.M.,Adams County.Nebraska. YOU ARE HEREBY NOTIFIED that the Public Hearing may affect land which is owned by YOU, which is hereinafter described: The Northeast Quarter(NE1/4)of Section Nine(9),Township Five(5)North,Range"fen(1 0)West of the 61 P.M.,Adams County,Nebraska, EXCEPT Railroad Right-of-Way,and FURTHER EXCEPTING a tract of land conveyed to the State of Nebraska in Book 319, Page 1 3 I. YOU ARE HEREBY NOTIFIED that the Adams County Board of Supervisors will hold a PUBLIC HEARING relating to access to the above-described land on Tuesday,June 2,2020,at 10:00 AM,in the Board Chambers of the Adams County Board of Supervisors located on the second floor of the Adams County Courthouse,Hastings,Nebraska. SENOEF2: C'C>f.t{'(l:IC TH/.S "f-(77.1(.,`J Complete Items 1.2.and 3.Also complete _ Item 4 tf Restricted Delivery is desired, .:Adda..se • Print your name and address on the reverse so that we oan return the card to you- • Attach this card to the back of the malipieoe, or on the front if space Permits, D. dowMYt • :Offerer*Pont cern t? .1 Yes b . 1. ArHat.Addressed to: �C: If YES,enter ..,•'...-. widow.below: O No ppeja a. strobe lYpe 1.614-49—esak, Az-014401 let MOM.' M.0 yq.ae V3JcJ- R. etersa Rn a eee rdenaw D insured MW I=1 Collect an Deanery • 159 ! Page Deputy Attorney Bergin submitted exhibit E, confirmation of notice delivered to Loyal and Mary Smith. Exhibit E was accepted by.Chairman Hogan. NOTICE TO LOYAL AND MARY SMITH OF A PUBLIC HEARING t *" ; RELATING TO ISOLATED LAND PURSUANT TO NEB.REV STAT.§39-1713 TO: LOYAL E.SMITH and MARY A.SMITII,c/o Amy Elliott,301 North Main,Suite 110,Newton, Kansas 67114: Maxine Strasburg,Personally,and as Trustee of the Ronald D.Strasburg Testamentary Trust has filed with the Adams County Board of Supervisors an affidavit related to access to isolated land pursuant to Nebraska Revised Statutes section 39-1713. Such affidavit relates to the land described as follows: The Northwest Quarter(NW%)of Section Nine(9),Township Five(5)North,Range Ten(10)West of the 6'h P.M.,Adams County,Nebraska. YOU ARE HEREBY NOTIFIED that the Public Hearing may affect land which is owned by YOU. which is hereinafter described: The Southeast One-Quarter(SE 1/4)of Section Nine(9).Township Five(5)North,Range Ten(10)West of the 6`h P.M.,Adams County,Nebraska,EXCEPT for a tract of land more particularly described as follows: Beginning at the Southeast corner of said Quarter Section;thence Northerly a distance of 2637.83 feet along the East line of said Quarter Section;thence Westerly deflecting 89 degrees,49 minutes left,a distance of 69.34 feet along the North line of said Quarter Section;thence Southerly deflecting 89 degrees,55 minutes left,a distance of 2637.58 feet;thence Easterly deflecting 69 degrees,54 minutes left,a distance of 80.85 feet along the South line of said Quarter Section to the Point of Beginning,and further excepting existing railroad right-of-way as shown in the Deed recorded December 2, 1878,in Book 5,Page 133. YOU ARE HEREBY NOTIFIED that the Adams County Board of Supervisors will hold a PUBLIC HEARING relating to access to the above-described land on Tuesday,June 2,2020,at 10:00 AM,in the Board Chambers of the Adams County Board of Supervisors located on the second floor of the Adams County Courthouse,Hastings,Nebraska. SENDER COMPLETE THIS SECTION COf.'PLErE 71110 SECTION ON DELIVERY ■ .items 1.2 and 3.Also complete A. • item 4 if Restricted Delivery Is desired. X fi LI Ar>tesaes gent ■ Print your name and address on the reverse 4 so that we can return the card to you. Jp Received by?dated 1 1Y C. of t�very •Attach this card to the back of the maifpiece, fah i t or on the front if space permits. _ i D.is delivery addrees deferent item 1? 1.Article Addressed to: if Yea:enter dentary belovr. O No isbac4k r 'C1N,KS cJ y /.2. ✓ P _ ` C.-/0 fjlAa0t1A N � "NPe MAI u n Receipt for Merchandise Deputy Attorney Bergin submitted exhibit F,a returned mailing intended for Julie D. Rippen Credit Trust. This mailing was not able to be delivered to the recipient.A representative for Julie D. Rippen Credit Trust was present.Attorney Matthew Baack of Skalka & Baack Law Firm LLC.was present and confirmed receipt of notice on behalf of Julie D. Rippen Credit Trust. Chairman Hogan accepted exhibit F as presented by Deputy Attorney Bergin. 160 I Page ii^ I! 11 IL L ! i 11 , ��I(I 1 ��,.y it �l�I I Ilfl IJ�I� 1 it I . '. 05f08/2020ONI $007.60° ;1 t " ,"- +'. ZIP 68803 7014 0510 0001 7723 1614{ 011012604186 CERTIFIED MAIL. 4' ADAMS COUNTY ATTORNEY III HH � 111111 , A A P.O.Box 71 ..- Rasanga.Nebraska 88902-0071 7014 0510 0001 7723 1614 - RETURN SERVICE REQUESTED ( -8-5 8- 890038043/-2N ,_ r 05/R2//a f JNAa t�TTpOp UUNZ51 R,,�D7 '. 116dLLiL►h14id,11,Jglt, t !.,FIL.116d16dI1J,lhb{I,Lffl ,3- Attorney Joshua Johnson,of Conway, Pauley,Johnson, provided a brief history of Maxine Strasburg's request for public access to her land parcel. Attorney Johnson submitted exhibit G,a Deed of Distribution by Personal Representative. Exhibit G was accepted by Chairman Hogan. nun in 11 ^I 111111LOANS COUNTY.84. ro TOs FI EO J-C-G-/ '1: 2161 3279 4/01n H(u(9-s-.n b,Tl RD.COMP X.IH,-2:o' 02 JUL 19 PPI 1239 o«u..a.e asv �` n.v.a-L,T �� REGISTER OF 00004 D OF DISTRIBUTION BY PERSONAL REPRESENTATIVE RONAILD D.STRASBURG,Personal Representative of the Blue of WILLIAM M. STRASBURG,SR,Deceased,GRANTOR puntuant to appoiNmmt IPIthe County Ca¢t ofAdama County,Nebraska, conveys sod releases to RONALD D. STRASBURG aid MAXINE STRASBURG,husband and wife.GRANTEES,the following described real estate(as defined in Neb.Rev.Stat 76-201): The Northwest Quarter(NW/4)of Section Nine(9),Township Five(5),Range Tea (10),West of the 6a PM.,Adams County,Nebraska; and The Northeast Quarter(NEJ4)of Section Thirty-five(351 Township Six(6),Range Eleven(11),West of the 6.PM.,Adams County,Nebraska subject m easements,reenerotions,covenants sod eestrictlws of record. GRANTOR has determined that the GRANTEES are the persons entitled to distribution of the real estate from said estate.GRANTOR covenants with GRANTEES that GRANTOR has legal power and lawful authorityfrito convey the same. EXECUx- TEIL ...34\' 2002. `� Q' ESTATE OF WILLIAM M.STRASBURG.SR, 9/t.Q 'o' RONALD D.STRASBURG, Personal Representative STATE OF NEBRASKA ) )es COUNTY OF ADAMS ) (} The foregoing instrument was aclmowledged before me o /a ,2002,by RONALDD.STRASBURG,Personal co •MS ' BURG SR.,Deceased. ' _, , t Notary Public I mwg66e ■star tt ea0 1..snores I:a113 A 161 I Page Attorney Johnson presented exhibit H, a Deed of Distribution by Personal Representative dated November 30, 2020. Exhibit H was accepted by Chairman Hogan. -NUM Pcs a • 1111111111IN ADAMS COUNTY NE Doc'wt____---C FILED FEES 13.W�fS.tn Cgo-1�.ags. MNST.NO.-2-M6114 20125114 CHc ACCT# REI FEES:—CASH ROACR/ Date-alaJaTimej. pM RECDsh,etlr-Duxi._:_ ,--._....,_,t i.•S RETURN b. V •. _ REGISTER OF DEEDS . gb-t.-Il .17-b-tI 15gq.1��NEBRASM '-t.-A r0-s-1r 3611EMARYSTAMP NUM 9.5-to as-t.-1t DX RD.COMPX dM y:ae DatiaBy,gu__ MP ARE Era, aJ5_ Au.9=n ;j,t CADAS 4-4.,t.COMP...Lb_ • ekfD 9.15,, ,After recording,return to: David H.Fisher ' DUNMIRE,FISHER&HASTINGS PO Box 1044 ' Hastings NE 68902-1044 . DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE MAXINE A.STRASBURG,Personal Representative of the Estate of Ronald D.Strasburg, Sr.,Deceased,pursuant to appointment by the County Courrof Adams County,Nebraska,GRANTOR, conveys and releases to MAXINE A.-STRASBURG, Trustee of the Ronald D. Strasburg Testamentary Trust,GRANTEE,the following described real estate(as defined in Neb.Rev.Stat.§76- 201): SEE EXHIBIT"A"ATTACHED HERETO subject to easements and restrictions of record. GRANTOR has determined that the GRANTEE is the person entitled to distribution of the real estate from said estate.GRANTOR covenants with GRANTEE that GRANTOR has legal power and lawful authority to convey and release the same. EXECUTED.. i . . �- 2012. M• Cl'E A.S • •SSBBURRRe,Perso •..resentative of the '•tat• of Ronald D. Sires.urg,Sr.,D'eaan'd. i STATE OF NEBRASKA ) ) ss: COUNTY OF ADAMS ) The foregoing instrument was acknowledged beau inn on ,)ev.saJA .3 p, 2012, by MAXINE A.STRASBURG,Personal Representative o the Estate bf 13anald D.Strasburg,Sr.,Dece ed. Notary Public • locZ ' I, 162 I Page 20125114 EXHIBIT"A" t Undivided one-half(4)interest in and to the Northwest Quarter(NW/4) of Section Nine(9), Township Five(5)North,Range Ten(10)West of the 6th P.M.,Adams County,Nebraska 2 Undivided one-half(i4)interest in and to the Northeast Quarter(NE/4)of Section Thirty-five(35), Township Six(6)North,Range Eleven(I 1)West of the 6th P.M.,Adams County,Nebraska 3 Undivided one-sixth(1/6)interest in and to the Southwest Quarter(SW/4)and the West Half of the Southeast Quarter(W/2 SFJ4),excepting that part used for State Highway right of way purposes,and excepting Roseland Bulk Plant Subdivision,Section Thirty-six(36),Township Six(6)North,Range Eleven(11)West of the 6th PM.,Adams County,Nebraska 4 An undivided one-sixth(1/6)interest in and to the Southeast Quarter(SF14),excepting that part used for Railroad right of way and State Highway right of way purposes, Section Twenty-two(22), Township Six(6)North,Range Eleven(I I)West of the 6th P.M.,Adams County,Nebraska 5 An undivided one-sixth(1/6)interest in and to the East Half of the Southeast Quarter(E/2 SE/4)of Section Thirty-six(36),Township Six(6)North,Range Eleven(I1)West of the 6th P.M.,Adams County,Nebraska EXCEPT the South Sixty(S 60')Feet thereof 6 An undivided one-eighth(1/8)of the South Half of the Southwest Quarter(S/2 SW/4),except Railroad right of way and tract deeded to Adams County,Nebraska,of Section Twenty-two(22), Township Six(6)North,Range Eleven(11)West of the 6th P.M.,Adams County,Nebraska 7 An undivided one-half(%s)interest in and to the North Half of the Northeast Quarter(N/2 NE/4)of Section Ten(10),Township Five(5)North,Range Eleven(11)West of the 6th P.M.,Silver Lake Township,Adams County,Nebraska. 6 An undivided one-half(%a)interest in and to the East Half of the Southwest Quarter(F/2 SW/4)of Section Twenty-seven(27),Township Six(6)North,Range Eleven(11)West of the 6th P.M., Adams County,Nebraska. as 9- Attorney Attorney Johnson presented exhibit I, a map of the land parcel owned by Maxine Strasburg with the prior and potential access routes marked. Exhibit I was accepted by Chairman Hogan. sn GoogleEarn, 'KcksAt t9rr 44.0444+ pokiliat { isolated land I0 - • 0 1,0), m 40 24 iti 0 98 6.v Yr 163 ' Page Attorney Johnson presented exhibit J and exhibit K,a request from Conway, Pauley&Johnson on behalf of Maxine Strasburg requesting permission from neighboring land owner Julie Rippen for an easement for access to Strasburg's land and the Rippen's response. Law Offices of CONWAY, PAULEY&JOHNSON, P. C. Douglas G.Pauley* Scott D.Pauley Joshua A.Johnson James D.Conway(1903-1990) Chris A.Johnson(1958.2017) Joan E.Coble,Paralegal Meloni A.Esser,Paralegal "Also Admitted in Colorado fiastings office: ,Seneaaw office: 906 West Second Street 401 N.Smith Ave. P.a Box 315 Kenesaw,NE 68956 Hastings,NE 68902-0315 Telephone:(402)752.3277 Telephone:(402)462-5187 FAX:(402)462-5007 iiohnaonehastingafaw.com Reply to Hastings office September 5, 2019 Julie D. Rippen Credit Trust Craig L. Rippen Revocable Trust c/o David B. Rippen c/o Craig L. Rippen 410 Golden Valley Drive 1591 Rocking Horse Drive Henderson, NV 89002 Henderson,NV 89002 Dear Sirs: As you know, this office represents Maxine A. Strasburg,individually, and Maxine A. Strasburg in her capacity as the Trustee of the Ronald D. Strasburg Testamentary Trust,hereinafter referred to as"our clients". Our clients are the owners of the farm ground located immediately to the West of the following described real estate, owned by you in Adams County, Nebraska: The Northeast Quarter(NE 1/4)of Section Nine(9),Township Five(5) North,Range Ten(10) West of the 6th P.M.,Adams County,Nebraska, EXCEPT Railroad Right-of-Way and FURTHER EXCEPTING a tract of land conveyed to the State of Nebraska in Book 319, Page 131; I am again writing you this letter to inquire whether you would be interested in permitting our clients to purchase an Easement for access to an isolated portion of their land that is cut off by the Little Blue River. We previously discussed access for my clients on the phone, but it has been a few months since I have heard from you. Our clients used to access this isolated land by way of a private road through the quarter located directly south of their property. However,in 2013 when this land was purchased by the current owner, Mr. Gregg Lay, he denied them any further access. Our clients had been utilizing this private road to access this isolated piece of land for over 40 years. Julie D. Rippen Credit Trust Craig L. Rippen Revocable Trust September 5, 2019 Page Two--- If you would be willing to discuss the possibility of our clients purchasing an Easement across your property, please contact my office at your earliest convenience. Thank you. Respectfully, CONWAY,PAULEY&JOHNSON, P. C. By Joshua A. Johnson/me / cc: Maxine Strasburg 164 I Page Mr Johnson, after a great deal of thought and talking with my brother, here is what we will propose for access on our Ayr farm.First off it will be your clients total responsibility to bare the cost of the putting the road into her property. The location of the road will be the full and complete decision by myself and my brother. After reviewing the loss of crop for cutting this road thru the farm here are the terms: We feel that we will lose appox 3 1/2 acres of crops. Based on past history of the farm we would be losing appox 927 bushels of corn each year. Putting corn at a price of $4.75 per bushel it would cost your client $4,403.00 per year for this access. We would be willing to give her this access for 3 years. At the end of three years both parties can review this proposal and renogotiate terms. During the three year period if your client decides to sell her 40 acre farm we would have first option to purchase her farm. If we cannot come to a agreement on the purchase then the access will be null and void after the three year agreement.It is further understood that any damage to our crops caused by your clients equipment and access use will be your clients responsibility to pay for this damage at the same rate as contained in this agreement. lastly we would like your clients permission to hunt her 40 acre farm. Your thoughts. Thanks. Attorney Johnson presented exhibit L,a request submitted to adjacent land owners,the Smiths, requesting the purchase of an easement to access Strasburg's isolated land. Exhibit L was accepted by Chairman Hogan. Law Offices of CONWAY, PAULEY&JOHNSON, P. C. Douglas G.Pauley` Scott D.Pauley Joshua A.Johnson James D.Conway(1903.1990) Chris A.Johnson(1958.2017) Joan E Coble,Paralegal Merlotti A Esser,Paralegal 'Also Admitted in Colorado Misting,office- EenesawoEfoe 906 West Second Street 401 N.Smith Aro. P.O.Bos 315 Kenesaw,NE 68956 Meetings,NE 68902.0315 Telephone:(402)752-3277 Telephone:(402)462.5187 FAX:(402)463-5007 iiohnaont thastinaelaw.e w Reply to Hastings office September 5,2019 • Mr.and Mrs. Loyal E.Smith Ms.Mary A. Smith c/o Amy Elliot c/o Amy Elliot 301 N.Main,Ste. 110 301 N.Main,Ste. 110 Newton,KS 67114 Newton,KS 67114 Dear Mr.and Mrs. Smith: As you know,this office represents Maxine A.Strasburg,individually,and Maxine A. Strasburg in her capacity as the Trustee of the Ronald D. Strasburg Testamentary Trust,hereinafter referred to as"our clients". Our clients are the owners of the farm ground located immediately to the Northwest of the following described real estate,owned by you in Adams County,Nebraska: The Southeast Quarter(SE/4)of Section Nine(9),Township Five(5) North,Range Ten(10),West of the 6th P.M.,Adams County,Nebraska, EXCEPT for a tract of land more particularly described as follows: Beginning at the Southeast corner of said Quarter Section;thence Northerly a distance of 2637.83 feet along the East line of said Quarter Section;thence Westerly deflecting 89 degrees,49 minutes left,a distance of 69.34 feet along the North line of said Quarter Section; thence Southerly deflecting 89 degrees,55 minutes left,a distance of 2637.58 feet;thence Easterly deflecting 69 degrees,54 minutes left,a distance of 80.85 feet along the South line of said Quarter Section to the Point of Beginning,and further excepting existing railroad right-of-way as shown in the Deed recorded December 2, 1878,in Book 5,Page 133. y 165 ' Page Mr. and Mrs. Loyal E. Smith Ms.Mary A. Smith September 5,2019 Page Two--- I am again writing you this letter to inquire whether you would be interested in permitting our clients to purchase an Easement for access to an isolated portion of their land that is cut off by the Little Blue River. Our clients used to access this isolated land by way of a private road through the quarter located directly south of their property. However,in 2013 when this land was purchased by the current owner,Mr.Gregg Lay,he denied them any further access. Our clients hadbeen utilizing this private road to access this isolated piece of land for over 40 years. If you would be willing to discuss the possibility of our clients purchasing an Easement across your property,please contact my office at your earliest convenience. Thank you. Respectfully, CONWAY,PAULEY&JOHNSON, P. C. By Joshua A.Johnson/me / cc: Maxine Strasburg Attorney Johnson submitted exhibit M, a letter from Conway, Pauley&Johnson. P.C.to Gregg Lay, inquiring if the purchasing of an easement would be possible. Chairman Hogan accepted exhibit M. Law Offices of CONWAY,, PAULEY&JOHNSON, P. C. Douglas G.Pauley" Scott D.Pauley Joshua A.Johnson James D.Conway(1903-1990) Chris A.Johnson(1958-2017) Joan E Coble,Paralegal MeloniA Esser,Paralegal *Also Admitted in Colorado Hastings shim, Kenesaw office: 906 West Second Street 401 N.Smith Ave. P.O.Box 315 Kenesaw,NE 68956 Hastings,NE 68902-0315 Telephone:(402)752-8277 Telephone:(402)462-5187 FAX(402)462-5007 jiohnson®hastimrslaw.coat Reply to Hastings office September 5,2019 Mr.Gregg R. Lay 611 North Shore Drive Hastings,NE 68901 Dear Mr. Lay: As you know, this office represents Maxine A. Strasburg,individually,and Maxine A. Strasburg in her capacity as the Trustee of the Ronald D. Strasburg Testamentary Trust, hereinafter referred to as"our clients". I am again writing you this letter to inquire whether you would be interested in permitting our clients to purchase an Easement for access to an isolated portion of land that is cut off by the Little Blue River. As you know,our clients used to access this isolated land by way of a private road through your property. If you would be willing to discuss the possibility of Ms.Strasburg purchasing an Easement across your property for access to the isolated portion of land, please contact my office at your earliest convenience. Thank you. Respectfully, CONWAY,PAULEY 8s JOHNSON,P.C. By Joshua A.Johnson/me cc: Maxine Strasburg 166 ' Page Attorney Johnson presented exhibit N,a study done by W Design Associates of Hastings outlining the best access route for Strasburg's isolated land.Chairman Hogan accepted exhibit N. Mr.Josh Johnson May 31,2020 Attorney at Law Conway,Pauley&Johnson P.C. 906 W.2nd Street,Suite 206 Hastings,NE 68901 Subject:Access Road for Isolated Strasburg Parcel, Dear Mr.Johnson This letter is in response to your request for an engineering opinion on the best access route to an isolated piece of property at approximately SE Quarter of the NW''..of Section 9,Township 5,Range 10. I visited the property and further explored it on Google Earth,through the County GIS web map and the USGS topo map. Some general observations and deductions are as follows: I. The irregular somewhat triangular shape property is bounded on the northwest by the Little Blue River,on the south by a farm irrigated with a center pivot and on the east by a gravity irrigated farm. To the east of the gravity irrigated farm is a single railroad track owned by the Burlington Northern. 2. The railroad and the river restrict the access options.The only access that avoids those restrictions is from the south and since the center pivot is directly south it would have to be along the east side or the west side of the pivot. Access over the railroad would be possible if an existing crossing were utilized or relocated. I only looked at this briefly as it seemed an unlikely alternative. See NORTH ROUTE PROFILE. 3. See WEST ROUTE PROFILE image. a) The access from the west side of the pivot would be along the edge of the river tree line. b) This route is relatively level until it gets to the isolated property where it drops into the flood zone. This access is adjacent to the river and on the low end of the pivot farm field. It would grading and most likely a culvert at a low spot. 4. See EAST ROUTE PROFILE image. a) The access from the east side would be on the property line between a dryland farm and the center pivot farm. This is a quarter section line and would be the shortest route. b) This access is upon a hillside but the topography is rolling and there is a fairly substantial drainage channel running through the route.This would require a drainage study and a drainage plan that would most likely require a substantial structure. I believe the cast route would provide the best access route. It is the shortest route,is on a shared property line and would be the most all weather route if properly constructed. It could also provide public access to the NE 4 if the railroad crossing to it were closed. Sincerely, W DESIGN ASSOCIATES A✓ Consulting Engineers and Architects Steven W.Wolford,P.E. 2626 West 2nd Street Hasitons.Nebraska 68901 Phase402 463-2377 W D A j ri..•.` Fax 402-163-2378 b 7-"" A Nutte: ra.tlt Rate RELOCATED CROSSING I ON SECTION LINE Description style.Color new !Mode Meaw,wa.tts ' Length: Wan I NORTH ACCESS . . a ROUTE LENGTH OF ROUTE EXISTING CROSSING E �sc3ted Parcel of Strasburg Quarter TO BE RELOCATED GI Google Earth Borders and labels + © Prates ' .:..- . . ... .:,. ', Photos +DM Pearls 30 Buildings fsa ocean Bit Gallery a NORTH ACCESS Global Awareness PROFILE •More Terrain :.. ;. .. .. 167 l Page SE lee aled Parcel o'ShasEure Quarte, Name:, 1 , Desagibn Style,Color View 0.1et de Meaaremmts / Length: latin 1' 'r LENGTH OF ROUTE t WEST ACCESS jI ROUTE t 1 teas ft EXISTING HOME 1 Google Earth a ' DROPS INTO FLOOD PLAIN MAY REQUIRE A CULVERT WEST ACCESS 1 PROFILE jGoogle Eaiii 4.17, - - -_- SE soloed Parcel of Strasburg Quarter I / THIS CROSSING COULD BE Pewee:Ii= I I /` t ABANDONED WITH SOUTH ACCESS TO ISOLATED PARCEL IN NE 1/4 Desa tc Std*,cow Yew MYttde Meswements 0 f Length: LENGTH OF ROUTE � EAST ACCESS ROUTE .. , 1 . , .. 1851 't I DK I Cancel 693 ft ?y / © i. Google Eart 4 I THIS DRAIN HAS A 6'x6'BOX \ EAST ACCESS CULVERT UP STREAM UNDER PROFILE W.CIMMARON ROAD. I 1 I 168 I Page F ?4 Pt , .0 �2 3 4 2 y: 1 WEST ROUTE ENTRANCE OFF W CIMARRON ROAD 7,-._‘,-k.-1-'---,-4-i:4',71-47 '-‘4,..;;,-- i '["' tea- � t s•- 4 A _ s -. .„ _:(4-:..1',.x. ' —•‘'T.'4 * w� ss 3 • #-f'. "9k s .fix a -� ,. r a tr, a . i x Fes, L.* - ` J 4 c - - T ROUTE ENTRANCE 0 F W.CIMARRON ROAD Attorney Johnson presented exhibit 0,a study for bridge construction from Olsson Associates. Chairman Hogan accepted exhibit O. 169 1 Page • (121A OLSSON ® ASSOCIATES March 6,2014 MEMO Overnight PO Box 315 Regular Mail Hand Delivery Hastings,NE 68902-0315 x Other:email ATTN: Joshua Johnson RE: Strasburg Bridge Investigation—Ayr,Nebraska OA Project:014-0445 j E ' Mr.Johnson, Per our discussion and email correspondence,below is a summary of proposed bridge construction at the project site.The site is to be considered a bridge spanning the Little Blue River,in Adams County South of Ayr,Nebraska— 40°24'59"N 98"27'20"W(Figure 1).It has been assumed that the bridge would be owned and maintained by the county.As such,current design and construction standards will be in accordance with AASHTO LRFD Bridge Design Specifications.As understood,the structure would carry a local road and would be hydraulic in nature,requiring hydraulic and hydrological analysis. The above mentioned LRFD Code states that waterway crossings,or hydraulic structure crossings will require assessments of the following: • The hydrologic and hydraulic characteristics of the waterway and its floodplain,including channel stability, flood history; • The effect of the proposed bridge on flood flow patterns and the resulting scour potential at bridge foundations; • The potential for creating new or augmenting existing flood hazards;and • Environmental impacts on the waterway and its floodplain. These assessments will consider the Little Blue River and associated floodplain. A bridge at this site,along with associated approaches would need to be located and designed in accordance with local floodplain management's requirements,including: • Prevention or uneconomic,hazardous,or incompatible use and development of floodplains(not increasing the risk within the floodplain); • Avoidance of significant transverse and longitudinal encroachments into the channel; • Consistency with the intent of the standards and criteria of the National Flood Insurance Program • Long-term aggradation or degradation;and • Commitments made to obtain environmental approvals. What this means is that the bridge construction should not adversely affect the flow within the channel and the containing floodplain.This takes the form of a minimum span length and minimum low chord elevation required to not impact the channel adversely.Channel re-grading in this area would be extremely detrimental to the downstream and upstream flow,resulting in changes in course and channel destabilization. The channel capacity will be Impacted by the placement of a bridge unless the open area of the bridge matches the current channel cross-sectional area.If the open area of the new bridge is lesser than existing conditions,the water surface elevation could be increased upstream of the new bridge.A higher water surface elevation could potentially cause the stream to overtop the banks and cause localized flooding.This increased flood elevation would prompt a modification to the base flood elevation through the Federal Emergency Management Agency(FEMA). 111' Lincoln Mal',Suite 111 ph 402.474.6311 Lincoln, NE 68509 fax 402.474.5 i 60 olssonassoclates.com 1 ,Y 170IPage The current channel most likely has established a stable meander with areas of erosion and areas of sedimentation. When a structure is placed within a channel system,additional areas of erosion or sedimentation can occur.This can cause the channel to change direction and to significant erosion along one side of the bank or the other.The velocity of the channel will be increased through the bridge which may create large,deep scour holes near the bridge. If a longer bridge is proposed to increase the necessary open area,the channel banks may be greatly impacted to adjust to the longer span.This may include widening of the channel on both the upstream and downstream of the bridge.The velocity of the channel in this case may be decreased which can begin to create large sediment deposit and block the flow paths. The environmental impact of the bridge shall be considered and be in compliance with state water laws;federal and state regulations concerning encroachment on floodpiains,fish and wildlife habitats;and the provisions of the National Flood Insurance Program.Impacts include those to local communities,historic sites,wetlands,and other aesthetically,environmentally,and ecologically sensitive areas.Potential changes to stream geomorphology, consequences of river scour,removal of embankment stabilizing vegetation,among others shall be considered.This involves evaluating the waterway,the potential for aggradation,degradation,or lateral migration.By initial inspection, it appears there are wetlands in the area which would require a substantial environmental permitting process. A subsurface investigation would need to be conducted including borings and tests,in order to provide sufficient information for the design of substructure units.It is anticipated that the site consists of sandy loam.It can be presumed that any bridge at these conditions would require deep pile foundations,steel or timber beams driven into the supporting soil anywhere from forty to sixty feet. When considering potential span lengths,a longer bridge will have a greater associated cost,but potentially a lesser impact to the channel and environmental impacts.Alternatively,a shorter bridge length will have detrimental impacts to the Little Blue River and associated floodplain. Considering the site and available topographic mapping,a bridge which limits environmental and hydrological impacts would have a total length of approximately 280 feet.This value is preliminary in nature and would be subject to results of analyses discussed above.It is anticipated that this is the span length required in accordance with the requirements of necessary environmental and hydrological investigations.For practical and comparison purposes, the bridge will presume to carry two lanes of traffic,resulting in a total width of approximately 26 feet.There is potential t4 move the bridge upstream to reduce the span length,however there is a greater potential for required soil fill and impacts to the floodplain. If steel construction was chosen,the bridge would be approximately 6 spans,resulting in 2 end abutments,and 5 intermediate pile bent supports,which will extend into the channel.The preliminary construction cost estimate would be approximately$500,000. Concrete construction could potentially allow for greater spans,greater long-term performance and a reduction in substructure construction(channel impacts).The preliminary construction cost estimate would be approximately $620,000. The costs should be considered preliminary in nature and subject to change.They have considered the configuration described within and current costs of similar construction.Both would require significant hydrologicaVhydraulic and environmental investigations and permitting. Lincoln Ma I,Suite 111 ph 402-474.6311 olr,NE 68508 fax:402.474.5160 olssonassaciates.com 2 f f Figure 1.Project Site 0 .4� Vii FjL- rn / 1.O . !, ..� ir, fin••RRON E-14018 • OF CO Ross Barron,P.E. rocenn A acnriafate 171 I Page Attorney Johnson presented exhibit P,an engineers report for a low water crossing to the isolated land. Exhibit P was accepted by Chairman Hogan. (Exhibit P containing 73 pages is attached to the end of the June 2, 2020 minutes) Attorney Elizabeth Lay with Jarecki Maul P.C., spoke on behalf of her client Gregg Lay. Attorney Lay presented the Board with exhibits Q& R; descriptions and maps of the property owned by Maxine Strasburg.Attorney Lay stated the property was not purchased by Maxine Strasburg, she obtained the land by inheritance.Attorney Lay also provided a copy of Nebraska State Statute 3 §39- 1713 through §39-1719. Exhibit Q showed aerial maps of the land.Attorney Lay pointed out an area where cattle could walk to Strasburg's land by crossing the river bed, indicating the land is not isolated. 6/1/2020 Adams County � \ tyCourtly nwp, Parcel Number 010005649 Computer ID4003-09-2-4201.00-000-0201 Deed Holder. STRASBURG MAXINE A TRUSTEE RONALD D STRASBURG TEST TRUST Deed Holder 2 STRASBURG MAXINE Property Address•. Mailing Address: PO BOX 31 AYR,NE 68925-0000 USA Status. IMPROVED Use. AGRICULTURAL Zoning AGRICULTURAL Location RURAL City Size. N/A Lot Size NONE Map Area 4000 ALL AG LAND Plat Map. 4-20 Subdivision. NONE Sec-Twp-Rng -05-10 Lot-Block:Assessor Location RURAL Legal Description 09-05-10--NW1/4 SEC 9-5-10 ZERO TWP (NOT TO 8E USED ON LEGAL DOCUMENTS) Property Report: PROPERTY REPORT(PDF FILE)- . _�•_"r r z a Pin 010005649 Photo 1/1 Taxing Districts District Description Levy Ag Society AG SOCIETY 0.017835 CRA NONE 0.000000 City or Village NONE 0.000000 Community College CCC GENERAL 0.093042 County COUNTY GENERAL 0.267959 ESU ESU 9 0.015000 Fire HASTINGS RFD 0.024047 Library COUNTY LIBRARY 0.007031 NRD NRD 2 LITTLE BLUE 0.025966 SID NONE 0.000000 School Bonds BLUE HILL 74 BOND 0.057205 School Districts BLUE HILL 74(91-0074) 0.940055 https://adams.nebraskaassessors.com/parcel.php?gid=47337 1/3 172 ' Page 6/1/2020 Adams County GIS Map Information 9 Land Use GS Website Adams County,City of Hastings&Hastings Utilities I+ earch tAlue ,3‘SZ.1t.b' qes -atures selected:1 Parcel 10:010005649 Owner Name:STRASBURG MAXINE A TRUSTEE RONALD D Property Address: goo '11 Nebraska Revised Statutes 39-1713 through 39-1719: 39.1713.Lsoiatot hot rma seadivit_ widest joseentioare empty beard; than;teems,dirthastL (1)When any person man*to -county heart an affidavit satisfying it(a)thin he or she is the owner of the teal - ; describcdtherekt located wallets county,(b) that such teal easels Ant out{tom public monk othorthau a WaterflaY,by b.** sunounded on aft sides by real • g otherpentons,arby aidt mat estate and by water,(c)that he or she is •to purchase iinet., any otoinititeroMothe right- ofwayovcror through the same tea -totidttrthigi cannot hematites*,uncent at an exodthant price,stating the . • price atr-which die same can be purchased by him or her.and(4)asking that - toad be provided in accordance with section 39-1716,the county board shall a time an&picas for heating the matter,which hear* shall be not more than • days alter the receipt of such affidavit. The application for an access real may - in*sot**Position instead of in otwit affidavit (2)For poignant of auctions 39-1713 to 39-1719: (a)Access toad mom a right-of y open to Altegamuni Pub*for tailless to and ogress from a Vaal af isolated hind In inentOrnia with lentiOn 39-1716;and (b)State of Nebraska • ; .;f ; ;LothlanodFoods,Boanlof Regents of the Univerias of - 0040f C --'` of the Ptijbnlidat Sato Colleges,Demount , Department of SeklainsfivoSereicep,and Game and Pada Qatunissiett and or moviittaciet.boards,departments,and commissions. SetwonLews-1957ts,155,art. 544 Laws1904-11k 230,§is Laws 1999, LB 779,I 4;laws Zeit 1,41339,-#14 Annotations • Under subsection (2) (now subdivision (1)(b)) of this section, land may be isolated if the land is shut off from all public roads,other than a waterway,by (1)being surrounded on all sides by real estate belonging to other persons or(2) being surrounded on all sides by real estate belonging to others and by water.A writ of mandamus is the proper remedy to compel a county board,in accordance with this section and section 39-1716, to lay out a public road for access to 173 IPage isolated land.Young v.Dodge Cty.Bd.of Supervisors,242 Neb. 1,493 N.W.2d 160(1992). • A road established hereunder is a public road and this section is constitutional. Moritz v.Buglewicz, 187 Neb.819, 194 N.W.2d 215(1972). 39-1714.Isolated land;access by private road only;affidavit;petition;hearing before county board. Whenever all the other conditions prescribed by section 39-1713 are present and, instead of being entirely shut off from all public roads,the only access by any owner of real estate to any public road is by an established private road less than two rods in width,the county board shall,upon the filing of an affidavit or affidavit and petition asking that an access road be provided in accordance with section 39-1716,substantially in the manner set forth in section 39-1713,setting forth such facts,appoint a time and place and hold a hearing thereon in the manner set forth in section 39-1713. Source:Laws 1957,c. 155,art.IV,§ 14,p.545;Laws 1999,LB 779,§5. Annotations • This section provides that whenever the county board fords that such conditions set forth in section 39-1713 are present and, instead of being entirely shut off from all public roads,that the owner has access to any public road only by an established private road less than 2 rods in width,the county board is required, upon the filing of an affidavit or affidavit and petition to hold a hearing on the matter.Lewis v.Board of Comrs.of Loup Cty.,247 Neb.655,529 N.W.2d 745 (1995). • Establishment of a public road upon satisfaction of statutory requirements is a ministerial duty within the power of the county board. Burton v. Annett, 215 Neb.788,341 N.W.2d 318(1983). 39-1715.Isolated land;access;hearing;notice;service;posting. When a hearing is to be held as provided in sections 39-1713 and 39-1714, the county board shall cause notice of the time and place of the hearing to be given by posting notices thereof in three public places in the county at least ten days before the time fixed therefor. At least fifteen days' written notice of the time and place of the hearing shall be given to all of the owners and occupants of the lands through which the access road may pass.The notice shall be served personally or by leaving a copy thereof at the usual place of abode of each occupant of such lands and,whenever possible,by either registered or certified mail to the owners of such lands. Source:Laws 1957,c. 155,art.IV,§ 15,p.545;Laws 1982,LB 239,§2;Laws 1999, LB 779,§6. 39-1714.Isolated had;emu road powers oftionnt9 w owing Vie. (I)The county board:shall,,itit 641s.(0 set bib in section 39- 1713 or 39-171+1 (b)that de boot' at the t it was purchased by the owner or the o ....ac qui + from the State of Nebraska,(a)that tbelsolationofthe was ncaused by mortar by any other person with the and. of the Q440114 seal(d)tthatacceswis necessary for acing utilization of the isolated e' Ptoce0"to*vide an access ,if It fords that the amountof use and t ,:f.;.r of -served warms IVO action, may lay net a public road to milted (2)The county bond shall .: the ge .tobe suffered by the owner or owners of the real estate over or .? . `. which the access mad will be provided.Such damages small be paid by diet/MOO ghat the access road:be provided.For any real estate purcbasetor. ,attar Janualy'I,1982,for which public access is panted Putanant to 1713 16.339-1/19, dprasOn palms for such access doll.else "fer,all'eediaorgbiglindfor costs incurred in providing suck awn. (3) Notwithstanding any *Ow .. ions of law,an access road provided in accordance with Ibis section ' F-met Se-Ctaptcr-39,ate. °or The designation of such an access road `. tallow on the of Nebral401 or any political subdivision any obligation, .. ainstructiont or Wince for the access mad nor give rise to any a .:.of acOtii ttildnat the.abbe or any political subdivision with- to thoovessd. Source:Laws 1957,c. 155,art.IV,§16,p.545;Laws 1982,LB 239,§3;Laws 1999, LB 779,§7. Annotations • This section provides that the county board may lay out a public road of not more than 4 nor less than 2 rods in width to isolated real estate, if it finds that the 174 I Page amount of use and the number of persons served warrant such action. Lewis v. Board of Cmrs.of Loup Cty.,247 Neb.655,529 N.W.2d 745(1995). • A writ of mandamus is the proper remedy to compel a county board, in accordance with this section and section 39-1713,to lay out a public road for access to isolated land.This section applies prospectively,that is,to real estate acquired after January 1, 1982. Young v. Dodge Cty. Bd. of Supervisors,242 Neb. 1,493 N.W.2d 160992 . • The duty e bo�4 .- . to lay a 1� - a the -*lilies*, of son 39-1713, LRS.1943, exist, is v KIS C� Bad of Coenmi2031 : . 1�i � ._ • A road established as provided herein is a public road.Moritz v.Buglewicz,187 Neb.819, 194 N.W.2d 215(1972). 39-1717.Isolated land;location of access road. Whenever possible, an access road provided in accordance with section 39-1716 shall be along section lines. When the most practicable route for the access road is adjacent to a watercourse,the land to be taken for the access road shall be measured from the edge of the watercourse. Source:Laws 1957,c. 155,art.IV,§ 17,p.546;Laws 1982,LB 239,§4;Laws 1999, LB 779,§8. 39-1718.Isolated land;access road;order of county board;award of damages; payment;filing of order. If the county board decides to provide an access road in accordance with section 39- 1716,the county board shall make and sign an order describing the same and file it with the county clerk,together with its award of damages which order shall be recorded by the clerk,except that the amount assessed as damages to the owner or owners of the real estate shall be paid to the county treasurer before the order providing for the access road is filed. Source:Laws 1957,c. 155,art.IV,§ 18,p.546;Laws 1982,LB 239,§5;Laws 1999, LB 779,§9. 39-1718.01.Isolated land;changes in law;applicability. Sections 39-1713 to 39-1719 shall not apply if public access has been granted prior to July 17,1982. bili .- ,mom amrar� a';fc. s oa I 4--":—.1'5't.‘7,7 ".-414 ,, x 4 tti c zuy j suds Ij f^'s,._1 r� -T KFS 4';,,,,,''''t„''.. , r ; e.' #. Ail ';''' ; slq��t lil ll:'. pp I f i. 1,F 4,, .,, r r. 'i, . _ r,, •„,„, ik,,,,_ ' , '-.-', 4. '• -, '•,,' ) , tip,.if 5. 2 I, tri . , ;d1S 4.,, q . . 75B NHEL V :"� . ,„�: a$; rwairia is .l'' =1 • USDA T-5-N R-10-W Farm Service Agency Section 9 Farm#1263 Adams County N Date:Mar 1,2002 1993 Digital Orthophotography-Not to Scale + 175 I Page Nebraska Interactive Map Othr�aI N,•n.acw..( vornm,+nr w..b t __ • f r . ,...-. ,._ -dv.•_�..•..... ,_... 9 1999 ima... 200n Nebraska Interactive Map L,Oh.rlaI Nrhra SFa Cara•,).,. 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' .' .::::. p g - '�' I fl i 9 i 19931ma... r cu no. 178 I Page Nebraska InteractivtWrb5=t e E`Map M/Mial hvb+A4kp f:overnmen _ ___ '„:„.n..,„,,,,,::::,., ,f'.:-.,,,,,,1 „,....:,2,_.T...,p4.,-s.,,, . -t”' r*, is * g } t ,. L„.. .._ ,.... ....,1- �.. A • 07- ,,-, . - - 14, . , ,, 4x ,, v ,_ t 19931ma,_ •oa.. Mrs+ %. , • - «.b"' -.., %.•. :- .' '' ' . . _ . • • __- /CR s$� i ruts.. '" • W.0• ' ► .-yam. a -., - f srs ft. :f t 1 NC 5� � �! — -�� ./ i 1 .' A„ ,.4„.,...:,„„,,,.,,;„..s. ,.., 44 .4 - • '..N.-4N110,-'. , e` Ems _. __ 179 I Page Chairman Hogan accepted exhibit S presented by Attorney Lay. GOVERNMENT, MILITARY & VETERANS AFFAIRS COMMITTEE February 20, 1981 LBs 239, 250 & 204 LB 239 SENATOR KAHLE: Ladies and gentlemen, this is the hearing before the Government, Military & Veterans Affairs Committee. Today we will hear LB 239, LB 250, and LB 204, in that order. And as we're short bodies, we've sworn in some extra senators here so we can get started. We need a quorum of five. I might make a statement now that the reason we have trouble getting a quorum and people are in and out of here that are on the committee, we do have hearings going on all over this building and some of them have their own bills to present. So that's the reason we have trouble not having everyone here all the time and I hope you'll understand that. It isn't because they're inattentive or don't want to, it's just because the way we're set up we have to take care of our own business first. Our committee clerk is Lola Ozenbaugh and our committee counsel is Steve Bentson, and would you call the roll? CLERK: Roll call. Present: Senators Chronister; Goll; Johnson; and Kahle. Absent: Senators Chambers; Haberman; Kilgarin; and Landis. SENATOR KAHLE: We want to thank the senators for sitting in for our committee for the moment and the first bill is 239 and Senator Labedz is here too. She and Senator Johnson introduced it and Senator Labedz is here to present the bill. I don't know how many will testify on this issue, but those that would testify after Senator Labedz gets through or Senator Johnson, please come up and sign the roster ahead of time so that we can save a lot of time. Please proceed. SENATOR LABEDZ: Thank you, Senator Kahle. My name is Bernice Labedz, State Senator from the 5th District in Omaha. Senator Johnson and I introduced LB 239 on behalf of Douglas County and I would like to give the Statement of Intent and after I'm finished, I'm sure that there will be somebody here from Douglas County that will be able to answer any questions that the mem- bers of the committee may have. The following constitute our reasons for this bill and the purposes which are sought to be accomplished thereby: Currently when there is isolated property, the County Board has to provide a public road of not more than four, nor less than two rods in width to such isolated property when petitioned by the person or persons owning that property. LB 239 would allow a road to be put in, and upon the discretion Government, Military & Veterans Affairs Government, Military & Veterans Affairs February 20, 1981 LBb239 Continuedruary 20Page 3 LB 239 Continued Page 2 the County Engineer of Douglas County, is here. Mr. Don Classen, of the Board it would be an access road rather than a public the Chairman of the . . I believe he is the Chairman of the Dodge road. LB 239 would pass the damages to the person or persons County Board. We have the Dodge County Highway Superintendent requesting such access, rather than having the County be respon- and several others. So I'd like to ask you to defer questions to sible for the engineering costs, construction costs, and all them. They will present testimony. condemnation costs as they presently are under law. This bill SENATOR KAHLE: Are there questions of Mr. Mills? If not, does not affect the Board of Educational Lands and Funds as is thank you. found in Section 4, page 4 of the bill. This particular sec- tion was put into the bill because of the vast amount of land LOU LAMBERTY: Chairman and Senators, my name is Lou Lamberty. owned by the State of Nebraska and managed by the Board of I'm the County Engineer in Douglas County. Basically the prob- Educational Lands and Funds, much of which is isolated. It lem is, and it is a statewide problem, it does not exist just will allow the County Board several options which they do not in Douglas County, the problem is that if you go out today and buy yourself a piece of property that is isolated, that has no have presently. That is the final access to a public road and you can't convince your neighbor to SENATOR KAHLE: Are there questions of Senator Labedz? Senator give you access, you can come to the county board and the county board, under the law, has to build you a road to that piece of Labedz, is this a specific problem that you have in Douglas property at the county's expense. That seems not unreasonable County? on the surface, but what we find is we're getting a lot of unreasonable situations. Let me give you a couple of examples SENATOR LABEDZ: I believe, sir, that Lou Lamberty is here and from Douglas County. A fellow picked up about two acres along will be able to answer that question and give you the specific the Elkhorn River to tax sale. It was absolutely worthless property. He couldn't build anything on it. It was nothing problems. but a place to go fish. He was a half mile away from the near- est piece of property or the nearest public road. His neighbors SENATOR KAHLE: Okay. Thank you. Are there any questions of wouldn't allow him access to get to it. He came to Douglash Senator Labedz? If not, thank you for appearing before our County and wanted us to build him a half mile's worth of road committee. to get to this two-acre piece of property that's worthless. My board stonewalled, but had he taken them to court they'd have SENATOR LABEDZ: Thank you. lost. Those are the kinds of ridiculous situations we're get- ting outselves into the way the law presently is. What we're SENATOR KAHLE: Are you going to close, or will you be closing? asking with this law is two things; first, that the board should have some leeway in whether or not they want to provide access to isolated land. They ought to be able to use some reasonable SENATOR LABEDZ: I will waive closing and I'm sure that either maybe one of the officials from Douglas County might want judgments. Secondly, they certainly shouldn't have to do it if the ows it' to close. g g isolatedy boraif heesells off fce of deverything that is saround him andolated and hekisolatesa himself. In those two instances, we don't think the public SENATOR KAHLE: Do you want to designate someone to close for owes him a road. And thirdly, what this bill would do is if we decide to build him a road or an access, he'll pay for it. you? Right now the law is unclear who pays for it, but probably the SENATOR LABEDZ: Lou Lamberty. Thank you. county would have to. But as we proposed this legislation, whoever wants that road built would have to pay for it in full. As has been stated, we have exempted the Board of Lands . . SENATOR KAHLE: Okay. Thank you. Educational Lands and Funds from this piece of legislation so that if they have isolated land and need access to it, as this JACK MILLS: Senator Kahle and members of the committee, my bill is written, the county would pick up the bill for provid- name is Jack Mills. I've signed the roster as appearing here ing that access..This has been a major bone of contention. in behalf and support of LB 239. This is an association bill that we've introduced, asked to have introduced, by the two Senators here today. The bill affects several counties in the State of Nebraska and we have organized testimony. I'd like to ask you to defer the questions to them. Mr. Lou Lamberty, 180 ' Page Government, Military & Veterans Affairs Government, Military & Veterans Affairs February 20, 1981 4 February 20, 1981 Page LB 239 Continued LB 239 Continued Page 5 This is the third time we've tried to get this bill passed. LOU LAMBERTY: That's right. You mean if you owned that iso- And you've been here before obviously. This has been the only lated tract? stumbling block we've had in getting this legislation passed SENATOR KAHLE: Yes. 1s the argument between those who support helping out the Board of Educational Lands and Funds and those who don't want to. LOU LAMBERTY: If you can't get the county to use eminent And frankly, we at the county level don't care which way you go domain, you can't get out, that is correct. with it. We'd dust like the bill passed one way or the other. I hope you can get your differences settled over that, what I SENATOR KAHLE: Now what is your intention? Would you still think is a minor issue, and get on with what's important to us use the eminent domain, but he'd pay the bill? and get this legislation taken care of for us. I'd entertain LOU LAMBERTY: Absolutely. any questions you might have. SENATOR KAHLE: Okay. Thank you. Are there questions of Mr. SENATOR KAHLE: Okay, that's what I wanted to get straight. Lambray? LOU LAMBERTY: Absolutely. LOU LAMBERTY: Lamberty. SENATOR KAHLE: Then I guess I'm a little bit concerned about the school lands and funds. I realize that you have very few SENATOR KAHLE: Lamberty? I might have a question or two. in this end of the state. You're not talking about a regular mile line or the natural LOU LAMBERTY: We don't here. There's a lot out west and I boundaries of land, are you? understand that. LOU LAMBERTY: No. SENATOR KAHLE: So I'm wondering how that might affect . are there any people from School Lands and Funds? Okay. Well SENATOR KAHLE: Like if there's a section, a line, or a regu- evidently they aren't too concerned about it, so . . lar . . LOU LAMBERTY: The bill, as written, they're satisfied with. LOU LAMBERTY: No. We're talking about . . in general what SENATOR KAHLE: Okay. happens is somebody ends up with a little tiny tract of land often on a river and he doesn't have access to it for one LOU LAMBERTY: It's to their benefit. It's exactly the way, reason or another and he wants to get to it. The examples we Senator, we introduced it last year and we got into a floor have had in Douglas County range from two to ten acres. And I fight over it and it died. And we would hope it wouldn't die think other people will testify here today that those are the this year. We could accept it this way, you could amend it size that we usually get into trouble with. out. We don't care. SENATOR KAHLE: I guess I'm concerned about how that person or SENATOR KAHLE: Well personally, and this committee can't how the county would get the right-of-way through a private guarantee that . . property, how do you do that now? LOU LAMBERTY: I understand that. LOU LAMBERTY: Eminent domain. SENATOR KAHLE: . . that might happen on the floor, SENATOR KAHLE: Do you have to go through that process? LOU LAMBERTY: I understand that, but we are concerned that that has seemed to have been the only real stumbling block to LOU LAMBERTY: Yes. this bill and we would hope we could resolve it. SENATOR KAHLE: So the landowner, if you were not involved, could not use eminent domain. He'd have no way to get out at all. would he? Government, Military & Veterans Affairs Government, Military & Veterans Affairs February 20, 1981 February 20, 1981 LB 239 Continued Page 6 LB 239 Continued Page 7 road. Now I've . . one of our board members and there are two SENATOR KAHLE: Are there any other questions of Mr. Lamberty? other Dodge County board members here today, Mr. Haywood and Mr. Mayhew, would be happy to testify. But in the interest of LOU LAMBERTY: I have one other item. We've been asked to brevity, why they've allowed me to talk. If we had one mile amend itof road built to state standards in a low area next to the . to add a Section 7 that says that this act shall Elkhorn or the Platte River, this would require . . it's a 70- not apply if public access has been granted prior the foot right-of-way minimum and a 26 road right-of-way minimum effective date of this act. I think it's an unnecessary amend- of about three foot. This then would take away from the land- ment, but Jim who asked us to do this . . owner that would probably have very good ground right next to the wasteland that the man has purchased for a fishing cabin. WALTER RADCLIFFE: Walt Radcliffe. We would require to take out this much land out of production for him, when not only is it a coat of graveling this (about apparently some people 300 yards are culverts and a bridge across a low-lying area LOU LAMBERTY: Walt Radcliffe app Y p because we cannot block the flow of water) would cost the county are fearful if this passes and some county's granted somebody about $38,000, When really all he wants to do is get down there access and hasn't been built, that they'll bill them for it. to that fishing lake and a total cost of perhaps $1,000 would do I don't know. it; $500 for a 24-foot right-of-way, a 20-foot roadway, some- place that he can drive down there and get the access to his SENATOR KAHLE: Will there be somebody presenting this amend- ground. So this bill does two things. It benefits the farmer ment? Would you want to leave that then with the committee? who has valuable ground that he is presently farming. We'renot talking a large 70-foot swath; and two, it is benefiting the landowner who bought it. He can have right-of-way or access LOU LAMBERTY: Can I just leave it with you as a proposed to it. Now there are many other things that come up from, I amendment? Okay. hear, from the other county board members at our Northeast Association meetings that when they live along the Niobrara SENATOR KAHLE: Okay. Any questions? If not, thank you for River, along the Platte River, along the Missouri River, and even some of the smaller creeks and the Elkhorn, they run into appearing before our committee, this very same problem and they also have a problem with small areas of ground. Now we have . . there is a gentleman here from DONALD CLASSEN: Good afternoon Senator Kahle and honorable Cedar County who is the road superintendent who's going to deal members of the committee, I'm Donald Classen from Fremont, into that very closely and give you other excellent examples. Nebraska, and I'm a member of the Dodge County Board. I'm I would be pleased to answer any questions without going at any also here with another hat on as President of the Northeast further length in testimony. Association of County Officials which are the 23 counties from SENATOR KAHLE: Maybe you'll want to defer this question too. north of the Platte River'from the Missouri River to Keys Paha I was wondering, the procedure for the eminent domain process, County, in that general area. I'm going to express their con- should someone come to the county and say I need to get access, cern also because of the problems that any county has near how would you determine the procedure for that? Would you set rivers or waters. People will purchase a piece of ground and up the roadway? will then find later that perhaps they haven't had an oppor- DONALD CLASSEN: It would be exactly in the same manner as you tunny to talk with the landowners and they have no way of do for any other road. either getting in or out. And this causes then an unnecessary expense for the county to have to build them a very large road- SENATOR KAHLE: But all costs involved in that would be at the way to state standards as opposed to all they really need to expense of . . reach their two- to four-acres or ten-acres is a right-of-way, some way to get there, or perhaps there has been some misunder- DONALD wanting the in insthisBbill lthere erel- at.the heeexpense there of thestanding between the old landowners who surround it and they person g might resent a newcomer coming in from another state perhaps and buying a little ten-acre fishing ground next to the river and so they deny them access. This bill, as you have before you, eliminates this problem. People still can get access to their property. It's just that they don't have to . . the county is not obligated to build them a very large expensive 181 ( P a g e Government, Military & Veterans Affairs Government, Military & Veterans Affairs February 20, 1981 February 20, 1981 LB 239 Continued Page 8 LB 239 Continued Page 9 would be just as much . . the same protection as any other road locked parcel can get? access, by law. DONALD CLASSEN: No, he could have a full . . if he wanted to SENATOR KAHLE: Do you think . . excuse me, go ahead. have a full road this big put in at his expense, he could very easily do so, yes. DONALD CLASSEN: But there wouldn't the people whose land SENATOR JOHNSON: Not under this bill though. I'm lookin at you'd be taking away from, there would still be the same pro- toB tection underneath the law. We would not circumvent their the bill. It looks to me like what we're taking out of the bill is the concept of the road and we're saying that if the rights in any way. fellow wants, if he's been shut out of all public access, then SENATORhe can go to the county board and the county board can find him KAHLE: Do you feel that county boards would be willing public access. So if he's got a pathway, if he's got dust a to do this? little footpath that goes into hits ground that the public can tromp on, then I don't see into this law as we're being asked DONALD CLASSEN: I believe so. I've talked to . . at our last to take care of it that he can come back to the county board meeting in Norfolk, I can remember years ago we used to have and ask that a road be put in. You may, I don't know, your only 25 or 30 members. We had 123 at the last meeting a month interpretation may be different from mine, but that's the way or so ago and they were to amen supporting this type of bill. it looks like as I'm reading it now. SENATOR KAHLE: Okay. Are there any other questions? Senator DONALD CLASSEN: Well my interpretation would be that if he was willing to pay for this particular larger road, that those Johnson? expenses would be his and if he wanted a 70-foot road that he SENATOR V. JOHNSON: Mr. Classen, what do you and how do you wanted to pay the bill for, he could have it. interpret the concept of public access? I mean we're changing SENATOR JOHNSON: Well that may be your interpretation, Mr. the law from public road to public access and I guess that Classen, but I would want to be satisfied with that only because there probably is a statutory definition as to what is a "road". the owner of the land whose land is about to be taken for the But do you have any sense as to what is "access"? road might object from here to kingdom come about his land being taken for the road. He's accepting of the footpath, but not the DONALD CLASSEN: Yes. My personal opinion is that on an access road and the law doesn't give the county board the right to make that the public would be able to go down to this area without a road out of a footpath and I think that owner could be, you being blocked by the landowner. know, in good standing. We'll check it out though. SENATORDONALD CLASSEN: I guess that's the difference between being JOHNSON: So I would assume it a path? For example, an attorney and looking at it from one . . we have a cabin on a lake . . SENATOR JOHNSON: I understand. Don't worry about it. It's no DONALD CLASSEN: Yes, sir. big deal. I just kind of wondered what your thoughts were. SENATOR JOHNSON: . . or by a river and there's a little path SENATOR KAHLE: This road . . just one question and then Sena- that goes through somebody elses ground . . tor Coll. This road would be public no matter who paid for it? DONALD CLASSEN: Yes, sir. DONALD CLASSEN: That's correct. Public access to it, yes. SENATOR JOHNSON: . . and the public can tromp on that path, SENATOR KAHLE: Senator Coll? that's public access? SENATOR GOLL: In Section 4 it says when the applicant for DONALD CLASSEN: That's correct. access to the isolated land is the Board of Educational Lands SENATOR JOHNSON: And so if there is public access, just to the extent of it being a path and that's all that the land Government, Military & Veterans Affairs Government, Military & Veterans Affairs February 20, 1981 February 20, 1981 LB 239 Continued Page 10 LB 239 Continued Page 11 and Funds, it says they shall proceed to lay out the access SENATOR KAHLE: Are there any other questions of Mr. Classen? and shall appraise the damages to be suffered by the owner or If not, thank you for appearing before our committee. the owners of the real estate over or through which the access shall be provided. Now they have appraised the damages, but DONALD CLASSEN: Thank you, gentlemen. who pays them? SENATOR KAHLE: Okay, who's next then? DONALD CLASSEN: The county, down at the bottom, the engineer- JERRY KAVANAUGH: Mr. Chairman, fellow legislators, ladies ing, construction, and maintenance costs of such public access shall be the responsibility of the county. and gentlemen, my name is Jerry Kavanaugh, Cedar County Road P Superintendent. In regards to LB 39, after very careful study SENATOR GOLL: Engineering, construction, and maintenance? of LB 39, it does sound as though the counties in the great State of Nebraska can live and get along with this legislature bill if passed as now written and worded. This LB 39 does cause DONALD CLASSEN: Yes. people or persons to think and do some very important figuring before they came before the county board to demand as accesss to SENATOR GOLL: But what about my piece of real estate? Who a place on record before the county, or also demand an open road takes care . . I'm the guy . . I own this. or access to these parcels of land. Ir this bill is passed any other way than the way now worded, it would be almost impossible DONALD CLASSEN: Yes. Okay. for moat of the counties, and especially for my county, Cedar County, to build these access to isolated properties. It seems SENATOR GOLL: And Educational Lands own this and you've got that the metropolitan areas are migrating to the rural areas and buying these parcels of land at a reasonable price. Cedar County to go through my land to get here? is having these parcels of land coming from center pivots of irrigation and also land along the Beaver Creek which because DONALD CLASSEN: Yes. of its running direction, it will cut a quarter section almost several quarters, it cuts about seven or eight acres off SENATOR GOLL: Now who's going to pay me for my land that you the corners of it; and these small corners, seems to me like are going to go across to get over here to this one? It they come up for sale by people out of Yankton, South Dakota, doesn't say. It dust says that there will be an appraisal very easily. So I am very much concerned that the bill be made. Now what good is that? passed and that's all I'm going to testify. If anybody's got a question, I'll answer it . . I'll try to. DONALD CLASSEN: Okay. It's my interpretation, Senator, that SENATOR KAHLE: Okay. Are there questions of Mr. Kavanaugh? Have you had considerable problems with this up to now? SENATOR DOLL: Now maybe there's someone who can answer this. JERRY KAVANAUGH: Yes. We, so far . . we've bulled our way DONALD CLASSEN: Yes. along; but really, Senator, there is no way with the way the law is written that we can. We just kind of balking. I mean SENATOR LOLL: I'm not really interested in interpretation. if they had really taken us to court, we got to go. And if we get this bill passed, I think it would be a relief to all I'm interested in an answer. county commissioners that have this predicament. And they all want to come up with this, with center pivot and more irriga- DONALD CLASSEN: Okay. Then I'm going to turn it over to Lou tion. They're going to come up with it because it seems like Lamberty, who is a registered highway engineer. people buy a lot in town, it's, you know, $8,000 to $9,000. You can go out there and buy five or six acres for probably SENATOR DOLL: Okay. $700 to $800 to $1,000 an acre and they think they got a real buy. It's real good as long as the old boy that sold it to DONALD CLASSEN: Who has a degree in that sort of thing and whc will be able to interpret this . . SENATOR GOLL: He knows the answer? That's fine. 182 ' Page Government, Military & Veterans Affairs February 20, 1981 Government, Military & Veterans Affairs LB 239 Continued Page 12 February 20, 1981 LB 239 Continued Page 13 them, but we try to explain to them, get your access and stuff SENATOR JOHNSON: They can't get somebody...they're all before and get it registered. Oh, he's a good friend. But Protestant.... then the good Lord calls him and there we sit. The next guy says, to hell with it. I don't have to do this. Which he is JERRY KAVANAUGH: Well, they're all good friends down there, but right. I mean if they would accidently say they'd up and sell that to somebody, you know, churches have got politicians, too, and some- SENATOR KAHLE: You two are not talking about mile lines. body might up and sell it to somebody and there she goes and You're talking about roads within sections. then we've got problems. If that's all the questions, thank you. JERRY KAVANAUGH: No, it's where they have to go across other SENATOR JOHNSON: I got it. I'll tell you, far be it from me people's property to get in. to interfere with religion. SENATOR KAHLE: Senator Johnson, I believe, has a question. SENATOR KAHLE: Thank you for appearing before our coi®aittee. Is there anyone else? SENATOR JOHNSON: Mr. Kavanaugh, you know, one of the nice things about being in the Legislature is the incredible learn- GEORGE RHODES: Mr. Chairman, Senators, I'm the Custer County ing experience. I never realized we, number one, had a law Attorney and I'm here on behalf of the Custer County Highway like this, let alone have a problem. But the only thing I'm Department. wondering about is I get back to the sort of basic premise, why SENATOR KAHLE: Don't forget to state your name, please. should the State of Nebraska pass a law to protect some small land purchaser against his folly and the folly obviously is not GEORGE RHODES: Oh, my name is George Rhodes. We're generally petting an easement in the first instance from the owner of the in favor of the bill for the reasons previously given and in adjoining land? addition to those, we've had a policy in our county of practi- cally refusing to use eminent domain and just so far been suc- JERRY KAVANAUGH: Don't pass a law to protect him, pass a law seaaful in persuading landowners to donate right-of-way. And to protect us in county government so we can handle this. He's one of the biggest problems, or reluctance on the part of the already got a law to protect him. landowners donating right-of-way, is they wouldn't mind a gate put in the fence and people driving through their pasture, but SENATOR JOHNSON: He'sof the road law. when it comes to actually tearing up the sod and grading a g road, that's when they balk; or even if you're talking about the width of the right-of-way under, I would take it a public JERRY KAVANAUGH: Right. Where it's at our expense, plus what access. You wouldn't necessarily have to make the full width money we can get from you people to build it. So really, I and it would be much easier and cheaper for the county; or if mean I think that... this is passed, where the person seeking access is going to pay the bill, it's cheaper if you can get the landowner to SENATOR JOHNSON: Do you think that road law is an outmoded law? give the land and I think under this bill it will be easier to get landowners to donate land. Also, we're the geographi- JERRY KAVANAUGH: I think it's back in horse and buggy days. tally about the second largest county in the state and we have a lot of roads and it seems like whenever there's a neighbor- SENATOR JOHNSON: I assume that's when it was first passed? hood dispute, one of the things they'll try and get even on is the road. If there's a trail road through so and so's property JERRY KAVANAUGH: Right. Right. That's when people...I tell and they're mad at so and so, then they'll get after the county supervisors. They want the road graded and widened and so you up in our county, you just take like St. Helena Catholic forth, so they can tear up some more of his field. As to future Church. They own sixteen acres in the bottom and why they own roads made under this public access provision, I think it would it, they all went down there at certain times of the year to eliminate the problem in that they would not have the power to cut wood for the church through the winter. They still own that doggone thing. But now it has become an isolated piece of ground. Government, Military & Veterans Affairs Government, Military & Veterans Affairs February 20, 1981 Page14 February 20, 1981 LB 239 ContinuedLB 239 Continued Page 15 go to the county supervisors and demand that this field be torn and how it's going to cost them if they're not careful and up so it would meet legal specifications. That's all I have. don't check it out in advance. SENATOR KAHLE: Are there any questions of Mr. Rhodes? Senator SENATOR KAHLE: I could just visualize.... Johnson? GEORGE RHODES: They will buy it knowing that they are going SENATOR JOHNSON: Yes. Mr. Rhodes, as a county attorney, how to be stuck. would you interpret the concept of access? Would there be SENATOR KAHLE: I guess I could visualize the road costing public access if in fact there was a footpath across someone's them much more than a piece of land might. ranchland to a cabin on a creek? GEORGE RHODES: But that's just something they will have to GEORGE RHODES: I've heard your question to the others in a consider when they purchase. similar vein and it was my thought that if this went to the SENATOR KAHLE: Senator 6011? Supreme Court they might say that in this day and age motor vehicle access is reasonable access and I think if you're wish- SENATOR GOLL: Would this motor vehicle access road then be ing to clarify that, you could simply insert the words after removed from the tax roles? It would? public access, "by motor vehicle". GEORGE RHODES: I assume that the title to the public strip SENATOR JOHNSON: I see then. You think that would at least would go to the county. If itdid, then it would be. If it make it clear that you have to have one land wide trail, I was treated as an easement, it wouldn't. And I'm not sure, I guess? I've been in Custer County and I guess that's what cuts don't know, which way they would go on that. across these meadows and ranchlands are little trails. Inci- dentally, we did pass out LB 21, which Senator Lamb made clear Anyone else who wants to testify for or against? OK, who was it was for you as the County Attorney in Custer County. supposed to close? OK. GEORGE RHODES: I guess. Thank you. LOU LAMBERTY: I'm Lou Lamberty again. In closing, I want to answer your question on Section 4. We intended and we didn't SENATOR KAHLE: Just a minute. I might have . do you see get all the language in there, so I'll leave you what I think any problem with the county getting involved in eminent domain would be the proper correction to have all of the damages for a private reason? paid for by the county, the right-of-way costs. We say engi- neering, construction, and maintenance costs should be paid for by the county. We neglected to add right-of-way coats. GEORGE RHODES! I think under the existing law, they are So I think we can just add, as we have up above,'Bamazes, already. together with all engineering and construction costs, will be paid by the county." Does that answer that question, lenator SENATOR KAHLE: Okay. You don't see any problem then of me Goll? coming to the county board and saying, I want to get to a piece of property over there? They see it my way. Start con- SENATOR DOLL: Yes. demnation proceedings if there is no other way. and then how do they bill me for that court cost, or do I pay it as I go SENATOR KAHLE: Where would you put it, right before along? engineering? GEORGE RHODES: If you're a landowner, I would assume that they LOU LAMBERTY: Yes. Right. And I jotted one in here...I'll would, once the bill is presented if it's not paid, sue you and leave with the committee if you want and give you an idea of take a Judgment and then attempt to foreclose on your land or issue a writ of execution. One other thing about the bill then I think it would emphasize the policy of caveat emptor. If a person is going out to buy a piece of land, one thing they should be looking for is whether or not there's public access 183 I Page Government, Military & Veterans Affairs February 20, 1981 Government, Military & Veterans Affairs LB 239 Continued Page 16 February 20, 1981 LB 239 Continued Page 17 what I think you can do with that. We just plain forgot to LOU LAMBERTY: Yes. add it. Senator Johnson, your question about whether the county can lay out a full width bare road, the answer is they have that SENATOR JOHNSON: Now it says this, back again, the county board option. They may or may not. Its the county board's option, shallif it finds: (1) that the conditions set forth in Section not the person petitioning who has that option as the legisla- 39-1713 or 39-1714 exist; (2) that the isolated land was not tion is written; and that's the way we would certainly want to isolated at the time it was keep it. Let the county boards have some options in this. You goes on down. purchased by the owner...and it were concerned about eminent domain. Right now, as the law is, the county can and must u::e its powers of eminent domain to pro- LOU LAMBERTY: Right. vide access. We.don't change that. We just give the county a little more leeway as to whether or not they may execise it and SENATOR JOHNSON: It could, then, proceed to provide public acces: who pays for it. So I don't think we're adding anything to the county's powers. LOU LAMBERTY: Right. SENATOR KAHLE: Senator Chronister? SENATOR JOHNSON: Alright, and if necessary they could lay out a road? SENATOR CHRONISTER: You mean if a fellow requested this and agreed to pay for it, it'd be up to the option the county could LOU LAMBERTY: Right. decide to put in a full width road rather than . . SENATOR JOHNSON: Now for some reason. I probably just misread the bill as I was reading this thing, but obviously the way it LOU LAMBERTY: What we say in the language is if they determine is presently , . if the county board would determine - and letmetry to find lated land atthe land itself could not have been iso- the . . in Section . . well, I'll just read it. "And if itbought by the owner. finds that the amount of use and the number of persons served LOU LAMBERTY: That's right. warrants such action, the county board may lay out a public road." Now you've got to read all through the paragraph, but SENATOR JOHNSON: It has to have basically what it says, it shall lay out a public access if all time it was public access prior to the the conditions are met. And if it determines that a road is purchased, right4 necessary, it may lay out a road. That's up to the option of LOU LAMBERTY: We're saying if you bought a piece of property, the county. if you go out and buy a piece of property today and it's isolated, tough. SENATOR CHRONISTER: If they lay out a road, who pays for it then? SENATOR JOHNSON: I'm stuck? LOU LAMBERTY: If they lay out a road, the guy that petitioned LOU LAMBERTY: You're stuck. If you aren't smart enough to for it will still pay for it, which means that not too many get your access before you buy it, don't come to us. roads are going to be layed out . . SENATOR JOHNSON: OK. OK. SENATOR KAHLE: I have one more question . . LOU LAMBERTY: That's what we're saying. LOU LAMBERTY: . . very rare. I can't imagine a case of that happening - well I can imagine one case that that might happen. SENATOR JOHNSON: Alright. You have a large tract somebody wants to develop and that has LOU LAMBERTY: Now if happened in one county I'm aware of - in Kimball County. you own a piece of property and through no fault of your own you get isolated and I can't imagine how that happens,KAHLE: Senator Johnson? but I suppose it can happen, that's a different story. SENATOR JOHNSON: Mr. Lamberty, would you look at Section 3, on page 3? Government, Military & Veterans Affairs Government, Military & Veterans Affairs February 20, 1981 Page 1 February 20, 1981 LB 239 Continued g LB 239 Continued and LB 250 Page 19 SENATOR JOHNSON: Alright. right-of-way; and that from my own county board experience, I thought that those right-of-ways were 66 feet. Have I forgotte: LOU LAMBERTY: And then you might get some relief. Then you something? can come and get relief from the county. LOU LAMBERTY: Well it's only 4 feet off. You're correct. SENATOR JOHNSON: I guess the reason that I even made the question or asked the question and made this point because SENATOR KAHLE: I had to bringthat up. ' when I was listening to Mr. Kavanaugh speak, when he was talk- E, Anyother I couldn't let that ing about the center pivot coming in and I suppose then making Equestions of this gentleman? corners of sections or corner section that would become salable SENATOR GOLL: Did we record.... or available to people, that I assumed that the land would have started out in an isolated way and what was happening simply was SENATOR KAHLE: Did you get the purchaser bought that little corner and now wanted to lay your answer? out public access. But under those circumstances, he couldn't SENATOR LOLL: Yes, but I'm wondering, did we also get the lay out public access, could he? That was an isolated piece of answer on this access, this public access thing? I'm not ground when he bought it. sure, I'd like your interpretation of that...was discussed previously. LOU LAMBERTY: Tough! LOU LAMBERTY: My interpretation would be that public access SENATOR JOHNSON: He's out of luck? wide, enoughd mean tocould get a motor vehicle through there, 10 foot get a motor vehicle in and out. Absolute LOU LAMBERTY: Yes. minimum standard. SENATOR JOHNSON: And that's existing law, isn't it? SENATOR KAHLE: OK. Any more questions? If not, thank you. LOU LAMBERTY: No, no. LOU LAMBERTY: Thank you, gentlemen. SENATOR KAHLE: That will close the hearing then on LB 239. SENATOR JOHNSON: Is that existing law? LOU LAMBERTY: No. That's the problem. Existing law is if you LB 250 buy that piece of land today, you come to the county board. By law we've got to build you a road to that piece of property. SENATOR KAHLE: We will now hear LB 250. Do we have the introducer here? We will now hear LB 250. SENATOR JOHNSON: Alright. OK. SENATOR LABEDZ: Thank you, Senator Kahle. Senator Kahle, LOU LAMBERTY: And we...that's what we're trying to get away members of the Government and Military Affairs Committee. I introduced LB 250 on behalf of the Commission on the Hear- from. ing Impaired. If you will recall, I introduced LB 101 which created the Commission on the Hearing Impaired and they have SENATOR JOHNSON: OK. been in operation one year and they seek some changes. There is someone here from the Commission of the Hearing Impaired LOU LAMBERTY: We're trying to get away from that or we're that will explain the changes, but I would like to read to trying to down grade what we might build in those rare cases you first the intent of LB 250. This bill primarily seeks where we might provide access. to make general changes in the law relating to the Commission for the Hearing Impaired. These changes are based on the SENATOR JOHNSON: OK. SENATOR KAHLE: I have one more question that's been bugging me and it's not important. That one of you mentioned a 70-foot 184 IPage Government, Military & Veterans Affairs February 20, 1981 LB 250 Continued Page 20 practical experiences of the Commission in implementing its legislative mandate and, hopefully, will facilitate further efforts to provide valuable services for the hearing impaired people of Nebraska. I would like to answer any questions. I do have a list of some of the changes that they have asked, but I think LB 250 as you read through it will give you the changes on meetings and elections and so forth that they would like to have changed because of their experience in the last year. SENATOR KAHLE: Senator Labedz, is this on the Governor's hit list? _ SENATOR LABEDZ: That part I don't know, Sir. As you know, they're withdrawing some of the bills. I haven't even found out what they're withdrawing yet, so I really don't know. But regardless of the fact if it isn't...it is, Senator Johnson? SENATOR JOHNSON: What this is? SENATOR LABEDZ: Yes. SENATOR JOHNSON: On the hit list? SENATOR LABEDZ: I thought you were saying "Yes" to his question. SENATOR JOHNSON: Only, I was looking at the Governor's reor- ganization, the Governor's task force reorganization. SENATOR LABEDZ: Yes. SENATOR JOHNSON: And the task force advocates the elimination of all advocacy agencies and lists the Commission for the Hearing Impaired.... SENATOR LABEDZ: That's great. SENATOR JOHNSON: As an advocacy agency. But it also goes on to state that the service component of the advocacy agency can be retained. So the only reason I was interested in that is I was noticing in Subsection 11, on page 5, that the bill itself specifically says we will delete the word serve as an advocate for, and change it to repromote awareness and under- standing of. SENATOR KAHLE: Any other questions of Senator Labedz? If not, thank you. Will you be closing? Attorney Lay submitted exhibit T, showing a proposed access road. Exhibit T was accepted by Chairman Hogan. in 5 I0 9 • "54 ' 10 - a). v , _ , IM- , ___ ____,,,,,_„‘„,... _. ..____, ___ , ____,,, ,i_1 4 1.,.."' ' .k C. , / l/[ r 0�.i i 4 r. j / \./.1 I uta+ ,1 ,_(....--_-_,,,.%---1 / 2,.. 3 mann, .)4( - CRA/6-) $2,ft fi W\1, /461 .fid i'.-k ;� f 4-/ -`- a,�.6 a �•. i :i:351(7, '�.3'k c_--- - �J ivi /'y ! 5/Q ti {30•gl� 4 r�, 8 z, 'VT`, �1 , u (Atf)1- _—� C -- x f \ ' a 185 ' Page Adams County Deputy Attorney David Bergin addressed the room to inquire if there was any there representing adjacent property owner Loyal and Mary Smith. Matthew Baack with Skalka & Baack Law Firm was present on behalf of Mary Smith.Attorney Baack did not address the board. Jeff Blackman, is the tenant of the land owned by Mary and Loyal Smith. Mr. Blackman addressed the board and stated his preference would be to grant access to Strasburg from the north over the railroad tracks,as was recommended in 2014. Attorney Doug Pauley,with Conway, Pauley&Johnson, addressed the board in place of Attorney Johnson who had to leave the meeting. Pauley readdressed Nebraska State Statute §39-1716. Chairman Hogan requested the hearing be continued at a later date as the board was behind on hearing other agenda items. Adams County Deputy Attorney Bergin suggested a decision on the isolated land be tabled but the hearing remain open to accept additional evidence from all parties. Motion by Larsen,seconded by Curtis to table a decision on the isolated land dispute, leaving the hearing open to accept additional evidence. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann,Orthmann. Nays: None Deputy Attorney Bergin will arrange the continuance of the hearing and will contact all related parties. Jo Springer with the SASA Crisis Center presented the board with a budget assistance request in the amount of$12,500.00. 4-11sasa crisis center Adams County Board of Supervisors May 26,2020 500W4111 Hastings,NE 68901 RE:Request for funds The Spouse Abuse Sexual Assault(SASA)Crisis Center respectfully requests funds in the amount of $12,500.00 to support efforts to serve clients from Adams County during the FY 2020-2021. SASA Is a private,non-profit organization that provides services to victims of domestic and sexual violence as well as to domestic violence offenders.An outline of services available to Adams County residents Includes: • 24-hour crisis hotline • Crisis counseling • Emergency financial assistance,including transportation,medical,clothing,and chid care • Confidential Shelter • Legal and medical advocacy • Mental Health Therapy • Support and education groups for victims • Batterer Intervention program—educational group for offenders • Community awareness and education With the ongoing support of Adams County,SASA maintains quality local services.In 2019,SASA provided 2,296 support sessions to 359 unduplicated victims of domestic violence or sexual assault from Adams County.Of these individuals,55 were provided safe housing in one of our shelters for a total of 890 bed nights and 2,670 meals. Our Batterer's Intervention Program provided a 35 weeks of court ordered education to 42 men.Our support group programming for survivors of violence tripled in 2019.We provide programming six times per month at The Bridge and twice per month at Maryland Living Center. SASA needs your continued support now more than ever.Circumstances like the COVID-19 pandemic often intensify the actions of those who are prone to violence.Domestic violence Is rooted in power and control and when an abusive partner feels they are losing power and control in other areas of their life through unemployment,economic stress,social isolation,or lack of social support,their abuse may become more frequent or intense. With these funds SASA will continue to provide Intervention services,to help build a safer community,free of domestic and sexual violence. We sincerely hope you will consider funding our programs during the 2020-2021 fiscal year. With 'ratitud- 1 1 Jo Sprinr-r, , , xecutive Director United `':� crewing path.for change and lrealiii,. Way Hudd:; 220 S. 3utI ng;ton,Suitc 4 -10,,Imi- NE F;^x,"31.i 2 ,alC Ja 'ti:::_ u'I03 fax United Way of South Central Nebraska j OfCL=1C2-463-S8F C .......aasa,:elCr_rr9 186 IPage SASA.Board of Directors 2020 Name Address Email Member Since President:Mike Doremus 1211 Westwood Terrace, Hastings Police Department Hastings MDoremuse.hastingspolice.orq Jan 2018 Police Officer Cell:402-705-9147 Work:402-461-2380 Vice President:Laura Logan 1243 Academy Ave,Hastings Hastings College Work:402-491-7794 jloaanCdihasttngs.edu December 2017 Assistant Professor of Sociology Cell:785-313-9367 Treasurer: Secretary:Heather Witte 1102 Country Club Dr.Hastings ESU 9,Deaf Educator Cell:402-489-8574 Hwitte69rdxtmall.com ' Nov 2014 Work:402-463-5611 Melissa Burke 2200 W 95 St, Hastings Public Schools Hastings meiissa.burkeCathastigers.orq May 2018 Resource Teacher Cell:402-481-7640 Andi Shell 927 S Hastings Ave, Nebraska State Probation Hastings,NE 68901 ,1ndLShellknebtaska.aov August 2019 Investigation Officer Cell:402-782-5807 Rachel Thomsen 1319 W 115 St, • DHHS Hastings,NE 68901 Rthomsenl8( hastinas.edu August 2019 Child&Family Services Specialist Cell:402-705-3847 Carol Chftko'McKown 702W 145 St,Juniata,NE 88955 US Meat Animal Research Center Cell:402 84 7942 pluesuriyaRyahoo.com September 2019 Research Microbiologist Nathan Arehart 3610 Parkland Dr.Apt.12, Deputy County Attorney Hastings narehart( adamscountv.org January 2020 Cell 308-830-0623 No action was taken on Springer's request as all budget requests will be considered during later budget committee meetings. Adams County Historical Society Director, Elizabeth Spilinek, provided an update from the Historical Society and submitted a budget assistance request in the amount of$12,400.00. No action was taken on Spilnek's request as all budget requests will be considered during later budget committee meetings. Lisa Rowe, Director of Development Services for the City of Hastings, presented the board with a final plat for the Hastings Rural Fire Department which is to be located at the same site as the Adams County Extension office building. Rowe stated no action was required by the board and the plat only needed to be presented. Deputy Attorney Bergin and Adams County Planning and Zoning Director,Judy Mignery confirmed that no board action was required. HASTINGS RURAL FIRE SUBDIVISION Cer-FOKOC 2'T CORER SEC.25-T7N-N1BX SETBACKS FOUND ALUMINUM CAP ASPHALT NW 80.91'FO.MA6-NAIL 6 LS-495 DISK IN P.P. FRONT YARD•35'--- FINAL PLAT SE 127.98'F0.MAS-NAIL 6 L9-485 DISK IN P.P. REAR YAR0.30'-- // _ E.343073 CENTERLINE OFHIGHWAY 281 VII IN P.P. SIDE YARD•35'---- AOFRTHE 6THLP.M., ADAMS COUTNTY.NNEBRASKA. BEINONWITHINNTIE10W TWO MILE E.T.J. OF THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA. LEGAL DESCRIPTION: N A TRACT OF LAND LOCATED IN THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 7 NORTH, CURRENT ZONING: I RANGE 10 WEST OF THE 6TH P.M.,ADAMS COUNTY,NEBRASKA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: R-f URBAN SINGLE FAMILY COMMENCING AT THE SOUTHWEST-CORNER OF THE NORTHWEST 1/4 (WEST 1/4 CORNER) OF SAID RESIDENTIAL DISTRICT AND SECTION 25, THENCE N89'52'33`E (ASSUMED BEARING) ON THE SOUTH LINE OF SAID NORTHWEST 1/4 A W�� A-AGRICULTURAL DISTRICT DISTANCE OF 66.50 FEET TO THE POINT OF BEGINNING AND ALSO BEING THE EAST RIGHT OF WAY LINE OF HIGHWAY 261, THENCE CONTINUING N89.52'33`E A DISTANCE OF 585.50 FEET. THENCE PROPOSED ZONING: ^I NOD 00'26"E A DISTANCE OF 369.96 FEET, THENCE S89'52.33`W A DISTANCE OF 354.50 FEET, THENCE R-IS SINGLE FAMILY SUBURBAN N: 500'04'48"E A DISTANCE OF 181.63 FEET, THENCE S89'49'43`W A DISTANCE OF 209.18 FEET TO THE 8 ACREAGE RESIDENTIAL DISTRICT QI SAID EAST RIGHT OF WAY LINE OF HIGHWAY 281. THENCE SO0'38'48'W ON SAID EAST RIGHT OF NAY ALL BEARINGS ARE ASSUMED LINE A DISTANCE OF 188.17 FEET TO THE POINT OF BEGINNING.CONTAINING 3.92 ACRES MORE OR LESS. SCALE: 1'.70' CURRENT OWNERS: a, ADAMS COUNTY m DEED INS.NO. 20183857 HASTINGS RURAL FIRE DISTRICT 1/2'PIPE 2'DEEP INS#20170111 0' kii 40' DEED INS.N0.20201326 I,, ACED 1/72'NEBAR [TN L8-B3 CAP ABOVE m 589'52'33'N FLOODPLAIN INFORMATION: N 354.10•M-D-R LS-178 1974 1/2'PIPE NO PORTION OF THE PROPERTY LEGALLY DESCRIBED ON THE I: ' 155,50' B 199.00' p1.2'DEEP PLAT HEREON FALLS WITHIN THE CONFINES OF THE SPECIAL ,M FLOOD HAZARD AREAS AS DETERMINED BY THE FEDERAL _ EMERGENCY MANAGEMENT AGENCY AND FIRM MAP, z ¢ r-'--- It -' COMMUNITY PANEL NO.31001C0375C,EFFECTIVE 7/5/2018. N i #p a,.,11,' ^� yTAAROREAR...".. -1i5.2' Y30•ARD5 8� /�I� 1'1 NED OPS PFC ECT#018-2020 SHEET 1 OF 3 VICINITY SKETCH 2; a ^^' 411 JII YAAD S B. 1 n m' INS# 20164527 mm�10'SIDE---�"" 1 m LEGEND z ..z YARD S.B. 18 4 INS#20201326 M-MEASURED DISTANCE I I g OI I 80.0' I m R-RECORD DISTANCE I y�j: .`1 Vim 8-GOVERMENT DISTANCE I m LOIS'I r P-PLATTED DISTANCE o' m o . I it I SEPTIC ) rn D-DEED DISTANCE - m SYSTEM o ^ I ;U oI EASEMENT LOT 2 61 J .. �FOIMD CORNER z 277.93'14 277.5O'RryIyLS-O78ryIy 1974 c1Ou` - 1.69 ACRES iota o O CALCULATED POINT 1 l_ ./- iPI� O I O O R10 . 68.73' S89'9B'y3B- H..1L 911.27_17. - •SET 1/2'0,11;87E2 7BAR ,o M-D I O I O O N XITH SLOE LS-7B3 CAP p 60.0' o UNLESS NOTED OTHEGNISE 9 1 0 2 po 0 N Y.. .. Z�D�r°° ,Inl Ii, SURVEYOR'S CERTIFICATE: �I'I T a 70.P I 2975 9.BALTIMORE I I L-1 ROPOSED BUII !i m HASTINGS.NE 68901 I.HEREBY CERTIFY THAT THIS PLAT \\y,1j , li7,; m LOT 1 I I I i OF A SURVEY WAS MADE BY ME OR ' I ai UNDER MY SUPERVISION AND IS TRUE r_�eRAB�-Iy, o LL z I 2�ACRES BLDG. {..iEI 30.7' 12,OI' AND ACCURATE TO THE BEST OF MY E R:'RlGTQ ;7 777 "•n ;0 I KNOWLEDGE AND THAT I AM A s :4 �0 1, Im IRON 20183857 ti �4. 30'030' JI m T LICENSED KNOWLEDGE_ LANG i ,m i2 m N 35'FRONT 1 .�'�FFOR USE SF 39'FROND SURVEYOR UNDER THE LAWS OF THE i 1.579 H'" ' -� 40. ' STATE OF NEBRASKA.COMPLETED 1 S m TARO S.S. �• MELL1 yARO 9.B.I ON MAY 6TH, 2020. ( I > 1��J-Yyr /+J/Q. ' _ J�jg � Fl�il3SENENT ?I JOSHUA E E. R Twi LS 783 714jl,4%‘,..,.. _88_ _DRi"/ `'",2 �fi.SU aAITY. /,,,,rEASEMENT/>99 00, --''�- 0R/'UM A POB D-E 565.50' A-E 632.00'M-0 1/4 GRUMMERf PROFESSIONAL SERVICES,LLC. NB9'52'33`E LINE A-B 2669.07'14-R LS-446 2011 �971NESThN6F11A1AY6.SURE zoe.frAsrrNcs.naaevo1 ST 1/4 CORNER SEC.25-T7Ni 1SM CENTER 1/4 COMER SEC.25-T7N-R10 I> 432479-6701 L M...�...,.e.,4�, ,,„ FOUND NAL-SPIKE IN ASPHALT FOUND 2.26'PIPE !'YV'•,^r,_1�^� 1 E. 66.50'SET 1/2'MBAR WITH LS-783 CAP M. 12.5'CROP LINE SOUTH WBSEE 1AI1MW W. 47.73'FD.5/8'FEBAR SM 4.98'BASE OF T-POST I� SSE 141.00'F0.5/8'PEW IN LINE WITH CROP LINES EAST ANO NORTH Ill 187 I Page OWNERS CERTIFICATE AND DEDICATION: KNOW ALL MEN BY THESE PRESENTS, THAT ADAMS COUNTY AND HASTINGS RURAL FIRE DISTRICT,BEING THE OWNERS OF RECORD OF THE LAND SHOWN ON THIS PLAT AND DESCRIBED IN THE LEGAL DESCRIPTION HEREON,HAVE CAUSED THE SAME TO BE SURVEYED.SUBDIVIDED,PLATTED AND DESIGNATED AS'HASTINGS RURAL FIRE SUBDIVISION-A SUBDIVISION WITHIN THE 2 MILE JURISDICTION OF THE CITY OF HASTINGS,ADAMS COUNTY,NEBRASKA,LOCATED IN THE NORTHWEST 1/4 OF SECTION 25,TOWNSHIP 7 NORTH,RANGE 10 WEST OF THE SIXTH P.M.,ADAMS COUNTY,NEBRASKA,AND THAT SAID SURVEYING,SUBDIVIDING,PLATTING AND DESIGNATION WAS DONE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES AND WISHES OF THE UNDERSIGNED OWNERS. BE IT FURTHER KNOWN,THAT SAID OWNER DOES HEREBY DEDICATE THE INGRESS/EGRESS ACCESS EASEMENT SHOWN ON THE PLAT TO THE PUBLIC AND THE UTILITY EASEMENT SHOWN ON THE PLAT TO THE CITY OF HASTINGS. ADAMS COUNTY, NEBRASKA. SIGNED THIS c24•141J-�DAY OF (Oat/ 2020. SIGNED THIS ' DAY OF / / 2020. ADAMS COUNTY) HASTINGS� RURAL/FIRE DISTRIICT LEJc tie G tiN (TITLE) (1,1QI.MVod 1}tm_5 e,/ F, 5 m ir`h (TITLE) "/YSIQ INAEORE ME SRI:bj -/gym./ F / L AlWRE i A;TIe R '. i (TITLE) V I'C Ia- eli/Qusom..� c5 v_r0/1 (TITLE) 7 <v1 . NAME TTEE.D�NAME `/ (�A / 1,dal ATURE(.c� K WAIVER. APPLICANTS HEREBY WAIVES ANY AND ALL CLAIMS FOR DAMAGES OCCASIONED BY THE ESTABLISHMENT OF GRADES OR THE ALTERATION OF THE SURFACE OF ANY PORTION OF THE STREETS AND ALLEYS TO CONFORM TO SAID /GRADES AS ESTABLISHED. r'�-,�/ li SIGNED THIS n)26" DAY OF N IwJ 2020. SIGNED THIS /0 DAY OF / ILiy 2020. ADAMSl/- COUNTY/ fes //j�// HASTINGS RURAL FIRE DISTRICT PRIED ME AA/ (TITLE) ACK,d,+1ef.AJ flAIIE ' 7i'✓I I 11 (TITLE) //�ideM/ ill tnt SINnATRE V7 - __1 .IJ M.i. (� `lel F. ,Veuma,cd (TITLE) VrCe (1/$/r,4 &(?d/ 5-/</-f' PRINT EEyyy��j��-lel P 1E0 N � � (TITLE) �/'Y-SGG,'� 91GN TU 551.4A ACKNOWLEDGEMENT ACKNOWLEDGEMENT STATE OF NEBRASKA 1 STATE OF NEBRASKAI COUNTY OF (4D)mA I SS COUNTY OF __" ^S 1 SS THE FOREGOING INSTRUMENT WAG ACKNOWLEDGED BEFORE ME ON THE E226Vti DAY�rTHE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE1MEC ON THE 1 . DAY , OF ( \3'.f 2020, BY Lt .�D111 (TITLE) ` �iLri1N� OF /ley 2020. BY duA.S,t( L...,5).,-{h (TITLE) f�1QSlde,.f OF ADAMS COUNTYI. ! �,�f( J / OF HASTINGS RURAL FIRE DISTRICT.J IAND BY l 6Ark$ +. I Heunggrn( (TITLE) I lift l 113.em.Uv AND BY PV'd4.t( 7�o1 "I- (TITLE)-flea Cu, OF AOAMS COUNTY ,,QQ OF HASTINGS RURAL FIRE DISTRICT, MY COMMISSION EXPIRES THE 8µn DAY OF MY COMMISSION EXPIRES THE 3 I DAY OF (flag ..?0.1,3n, 3 . -, 207-1 WE0ALETan.GNANol�r, TNOT.:_.1 Mr1en..a RYAN SAMUEL90N °.1) 140 (SEAL) I MµTMJ.Ba*v..= (K,_ SEAL) Mwmnea+Nat KaiSHEET 2 OF 3 HASTINGS RURAL FRE SUBDIVISION ON 188 I Page This Page Left Blank Intentionally. 189 I Page Adams County Highway Superintendent, Dawn Miller, presented the board with gravel and road maintenance agreements with the following Adams County Townships;Ayr, Blaine, Cottonwood, Hanover, Highland,Juniata, Little Blue, Logan,Verona,West Blue, and Zero. Miller has reviewed the agreements and is requesting board approval. Miller also stated that only the Township of Roseland has not yet turned in gravel and maintenance agreements. Motion by Larsen,seconded by Neumann to approve the gravel agreements as presented by Miller. Roll call:Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None Gravel agreements are on file at the Adams County Roads Department and the Adams County Clerk's office Motion by Neumann, seconded by Larsen to approve the road maintenance agreements as presented by Miller. Roll call:Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis,Neumann,Orthmann. Nays: None Road maintenance agreements are on file at the Adams County Roads Department and the Adams County Clerk's office. Andy Forney with DA Davidson, presented the board with Resolution 2020-06-02.01 for bonds for 2020/2021 asphalt projects. RESOLUTION 2020-06-02.01 A RESOLUTION AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES, SERIES 2020, OF THE COUNTY OF ADAMS, IN THE STATE OF NEBRASKA, IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED FOUR MILLION TWO HUNDRED THOUSAND DOLLARS ($4,200,000), FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR A PORTION OF THE COSTS OF CONSTRUCTING IMPROVEMENTS IN RURAL ROAD IMPROVEMENT DISTRICT NO. 2020-1 PENDING THE ISSUANCE OF PERMANENT GENERAL OBLIGATION LIMITED TAX BONDS; PRESCRIBING THE FORM OF SAID NOTES; AGREEING TO ISSUE GENERAL OBLIGATION LIMITED TAX BONDS TO PAY THE NOTES AT MATURITY OR TO PAY THE NOTES FROM OTHER AVAILABLE FUNDS; AND, ENTERING INTO A CONTRACT ON BEHALF OF THE COUNTY WITH THE HOLDERS OF SAID NOTES BE IT RESOLVED BY THE CHAIRPERSON AND BOARD OF SUPERVISORS OF THE COUNTY OF ADAMS,IN THE STATE OF NEBRASKA: Section 1. The Chairperson and Board of Supervisors hereby find and determine that by resolution of the County of Adams,in the State of Nebraska(the"County")heretofore adopted,Rural Road Improvement District No.2020-1 was heretofore created as provided by law pursuant to Sections 39-1638 et seq.,R.R.S.Neb.,as amended;that engineers for the County prepared estimates for the cost of construction of road,highway,drainage,and related improvements in the aforesaid District(collectively,the"Project"); that bids have been opened and tabulated;that the County has entered into contracts for construction of the improvements;and,that there has been placed on file the County's special engineer's estimate showing that the County's costs,including costs of engineering and costs of issuance and underwriting,will be not less than$4,200,000;that to provide interim construction financing for a portion of the cost of the Project and the costs of issuing the notes authorized herein,pending the issuance of its general obligation limited tax bonds or the application of other available funds to pay costs of the Project,it is necessary for the County to have funds available to meet its payment obligations for the costs of the Project; that it is necessary and advisable that the County now issue its notes in the principal amount of not to exceed$4,200,000 to provide for payment of a portion of the costs of the Project,pending permanent financing pursuant to Sections 39- 1639 through 39-1655,Reissue Revised Statutes of Nebraska,2008,and other applicable Sections;that the County has authority under Section 10-137, R.R.S.Neb.2012 to issue notes for the purpose of providing funds to pay a portion of the costs of the Project,including the costs of issuance thereof,all as set out above; -1- 190 ' Page that all conditions,acts and things required by law to exist or to be done precedent to the issuance of Bond Anticipation Notes, Series 2020, in the principal amount of not to exceed $4,200,000, to provide funds to pay a portion of costs of the Project and to pay the costs of issuance of said notes, do exist and have been done as required by law. Section 2. For the purpose of providing interim financing for a portion of the costs set out in Section 1 pending the issuance of permanent general obligation limited tax bonds by the County,there shall be and there are hereby ordered issued bond anticipation notes of the County, to be known as "Bond Anticipation Notes" of the aggregate principal amount of not to exceed Four Million Two Hundred Thousand Dollars ($4,200,000) (herein referred to as the "Notes" or the "notes"), consisting of fully registered notes numbered from 1 upwards in the order of issuance, in the denomination of$5,000 each, or integral multiples thereof. The Notes shall bear interest at the rates per annum and become due and bear such other terms as set forth in a designation of final terms, which may be in the form of a note purchase agreement,(the"Designation")subject to and in accordance with the following: The Chairperson of the Board of Supervisors, the County Clerk or the County Treasurer (each, an "Authorized Officer") may negotiate for the sale of the Notes in one or more series with an underwriting discount of not more than 1.00% of the principal amount thereof(which sale price may be adjusted to take into account any original issue discount or original issue premium), with an underwriter as determined by such Authorized Officers (the "Underwriter"). In connection with and as a part of such sale or sales, an Authorized Officer shall fix (which may be done in connection with a Purchase Agreement between the County and the Underwriter) (a) the series designation of such series of Notes; (b)the final maturity of such series of the Notes, which shall not be later than June 15, 2022; (c) the principal amount of such series of the Notes; provided, however that the aggregate stated principal amount of all series of Notes shall not exceed the aggregate stated amount of $4,200,000 but may be less than that amount; (d)the rate or rates of interest to be borne by each maturity of such series of the Notes,provided that the Notes shall not bear interest at a true interest cost in excess of 2.50% per annum; (e) the date or dates upon which semiannual interest shall be payable, and the record date for the purpose of determining the owners of each series of the Notes for the payments of interest; (f) the date or dates upon which such series of the Notes will be subject to redemption at the option of the County; (g) the identity of the Paying Agent and Registrar for each series of the Notes and the form and contents of any agreement or agreements under which the Paying Agent and Registrar would serve in such respective capacities with respect to each series of the Notes; and (h) all such other terms and provisions of the Notes not otherwise fixed or established by this resolution (the "Resolution"). Upon the delivery of and payment for each series of the Notes, the Underwriter also shall pay to the County the interest accrued on such series of the Notes from the date thereof to the date of delivery of and payment therefor, all as an _2.. 191 ( P a g e Authorized Officer may establish acting on behalf of the County and as may be agreed to by the Underwriter. Interest on the Notes shall be payable on such dates as shall be determined in the Designation. The principal of said notes and any interest due on said notes upon maturity or earlier call for redemption shall be payable at the office of the Paying Agent and Registrar (described herein), upon presentation and surrender of the note or notes when due or when called for payment prior to maturity. The payment of interest on said notes, falling due prior to maturity or call for redemption, shall be made by the Paying Agent and Registrar to the registered owners by mailing payment to the address of such registered owner or owners thereof as such address shall appear on the note register maintained by said Paying Agent and Registrar. The record date for each interest payment date (the "Record Date") shall be the fifteenth day immediately preceding the interest payment date. Payments of interest shall be mailed to the registered owner of each note as of the Record Date for each interest payment date. Section 3. The Treasurer of the County, in Hastings, Nebraska, (or such bank or trust company as may be determined in the Designation) is hereby designated as Paying Agent and Registrar for the Notes. The Paying Agent and Registrar shall keep and maintain for the County books for the registration and transfer of the Notes at said Treasurer's office in Hastings, Nebraska. The names and registered addresses of the registered owner or owners of the Notes shall at all times be recorded in such books. Any Note may be transferred pursuant to its provisions at the office of said Paying Agent and Registrar by surrender of such Note for cancellation,accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar,duly executed by the registered owner in person or by said owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the County will register such transfer upon said registration books and deliver to the transferee registered owner or owners(or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense),registered in the name of such transferee owner or owners,a new Note or Notes of the same interest rate, aggregate principal amount and maturity. To the extent of the • denominations authorized for the Notes by this Resolution,one Note may be transferred for several such -3- 192 ' Page Notes of the same interest rate and maturity, and for a like aggregate principal amount, and several such Notes may be transferred for one or several such Notes, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Note, the surrendered Note shall be cancelled and destroyed. All Notes issued upon transfer of the Notes so surrendered shall be valid obligations of the County evidencing the same obligations as the Notes surrendered and shall be entitled to all the benefits and protection of this Resolution to the same extent as the Notes upon transfer of which they were delivered. The County and said Paying Agent and Registrar shall not be required to transfer any Note during any period from any Record Date until its immediately following Interest Payment Date or to transfer any Note called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 4. In the event that payments of interest due on the Notes on an Interest Payment Date are not timely made,such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Notes as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 5. If the date for payment of the principal of or interest on the Notes shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Hastings are authorized by law or executive order to close,then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 6. The Notes shall be subject to redemption, in whole or in part,prior to maturity at any time on or after the date as shall be determined in the Designation, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The County may select the Notes to be redeemed for optional redemption in its sole discretion. The Notes shall be redeemed only in amounts of $5,000 or integral multiples thereof. Notes redeemed in part only shall be surrendered to the Paying -4- 193 I Page Agent and Registrar in exchange for new Notes evidencing the unredeemed principal thereof. Notice of redemption of any Note called for redemption shall be given, at the direction of the County by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption,first class,postage prepaid,sent to the registered owner of such Note at said owner's registered address. Such notice shall designate the Note or Notes to be redeemed by maturity or otherwise,the date of original issue and the date fixed for redemption and shall state that such Note or Notes are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any Note partially redeemed, such notice shall specify the portion of the principal amount of such Note to be redeemed. No defect in the mailing of notice for any Note shall affect the sufficiency of the proceedings of the County designating the Notes called for redemption or the effectiveness of such call for Notes for which notice by mail has been properly given and the County shall have the right to direct further notice of redemption for any such Note for which defective notice has been given. Section 7. The Notes shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEBRASKA THE COUNTY OF ADAMS BOND ANTICIPATION NOTE,SERIES 2020 No.R- $ Interest Rate Maturity Date Date of Original Issue CUSIP No. June 15,2022 2020 Registered Owner: Cede&Co. 13-2555119 Principal Amount: Dollars($ ) KNOW ALL PERSONS BY THESE PRESENTS: That The County of Adams,in the State of Nebraska,(the"County")hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above,or registered assigns,the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity(or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later,at the rate per annum specified above payable semiannually on June 15 and December 15 of each year commencing December 15,2020(each of said dates an"Interest Payment Date"). Said interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The principal hereof and unpaid accrued interest thereon due at maturity or upon redemption prior to maturity are payable upon presentation and surrender of this Note at the office of the Treasurer of the County,in the State of Nebraska,as Paying Agent and Registrar,in Hastings,Nebraska. Interest on this Note due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this Note,as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the fifteenth day immediately preceding the Interest Payment Date,to such owner's address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable,and shall be payable to the person who is the registered owner of this Note(or of one or more predecessor Notes hereto)on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. This Note is one of an issue of fully registered Notes of the total principal amount of Thousand Dollars ($ ), of even date and like tenor except as to denomination, date of maturity and rate of interest, for the purpose of providing interim financing to pay the costs of road improvements constructed within Rural Road Improvement District No. 2020-1 in the County, and is issued pursuant to Sections 39-1639 through 39-1655, Reissue Revised Statutes of Nebraska, Section 10-137, Reissue Revised Statutes of Nebraska,2012, and other applicable Sections. Said Notes are issued pursuant to a resolution(the"Resolution")duly passed and adopted by the Chairperson and Board of Supervisors of said County. The County,however,reserves the right and option of redeeming Notes of this issue in whole or in part, on or any time after , 20 at the par value of the principal amount to be redeemed,together with accrued interest to the date fixed for redemption. Notice of any such redemption shall be given by mail,sent to the registered owner of any Note called for redemption at said registered owner's address in the manner provided in the Resolution -6- 194 ' Page authorizing said Notes. Individual Notes may be redeemed in part but only in$5,000 amounts or integral multiples thereof. If the date for payment of the principal of or interest on this Note shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Hastings,Nebraska,are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. This Note is transferable by the registered owner or such owner's attorney duly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this Note,and thereupon a new Note or Notes of the same total principal amount and interest rate and maturity will be issued to the transferee as provided in the Resolution authorizing said Notes subject to the limitations therein prescribed. The County, the Paying Agent and Registrar and any other person may treat the person in whose name this Note is registered as the absolute owner hereof for the purpose of receiving payment hereof and for all other purposes and shall not be affected by any notice to the contrary,whether this Note be overdue or not. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this Note did exist, did happen and were done and performed in regular and due form and time as required by law, and that the indebtedness of said County,including this Note,does not exceed any limitation imposed by law. The County agrees that the principal and interest of this note shall be payable from the proceeds of the issuance and sale of its general obligation limited tax bonds or other bonds, the issuance and sale of its bond anticipation notes,or from other monies of the County lawfully available for such purposes. The County reserves the right to issue additional Bond Anticipation Notes for the purpose of paying the balance of the costs of the project financed in part by this issue of notes or of other improvement projects of the County, for the purpose of refunding the notes of this issue at or prior to maturity and for the purpose of paying for additional improvements for the County.The resolution under which these notes are issued constitutes an irrevocable contract between the County and the holders of all of said notes and said contract cannot be changed or altered without the written consent of the holders of seventy-five percent(75%)in principal amount of the notes of this series then outstanding. This Note shall not be valid and binding on the County until authenticated by the Paying Agent and Registrar. AS PROVIDED IN THE RESOLUTION REFERRED TO HEREIN, UNTIL THE TERMINATION OF THE SYSTEM OF BOOK-ENTRY-ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER. WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE RESOLUTION, "DTC"),AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE RESOLUTION TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS NOTE MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE PAYING AGENT AND REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS NOTE MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE RESOLUTION. -7- 195 I Page UNLESS THIS NOTE IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A)TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR(B)TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF PRINCIPAL,AND ANY NOTE ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER,PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF,DTC OR ITS NOMINEE,HAS AN INTEREST HEREIN. IN WITNESS WHEREOF,the Board of Supervisors of said County has caused this Note to be executed on behalf of the County by being signed by the Chairperson and County Clerk,both of which signatures may be facsimile signatures,all as of the date of original issue specified above. THE COUNTY OF ADAMS IN THE STATE OF NEBRASKA ATTEST: By: (facsimile) Chairperson (facsimile) County Clerk CERTIFICATE OF AUTHENTICATION This Note is one of the series designated therein and has been registered to the owner named in said Note and the name of such owner has been recorded in the books of record maintained by the undersigned as Paying Agent and Registrar for said issue of Notes. The Treasurer of the County of Adams, In the State of Nebraska,Hasting,Nebraska, Paying Agent and Registrar By: -8- (FORM OF ASSIGNMENT) For value received hereby sells, assigns and transfers unto (Social Security or Taxpayer I.D.No. ) the within Note and hereby irrevocably constitutes and appoints , attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Note in every particular. Medallion Signature Guarantee: 196 ' Page Section 8. Said Notes shall be executed on behalf of the County by the Chairperson and County Clerk who shall sign the same in their official capacity, both of which signatures are hereby authorized to be facsimile signatures. The Notes shall be issued initially as "book-entry-only" Notes under the services of The Depository Trust Company (the "Depository"), with one typewritten Note per maturity being issued to the Depository. In such connection the Chairperson and County Clerk shall execute and deliver a Letter of Representations in the form required by the Depository(which may be in the form of a blanket letter, including any such letter previously executed and delivered), for and on behalf of the County, which shall govern matters with respect to registration, transfer, payment and redemption of the Notes. With respect to the issuance of the Notes as "book-entry-only" notes, the following provisions shall apply: (a) The County and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer,bank or other financial institution for which the Depository holds Notes as securities depository (each, a "Note Participant") or to any person who is an actual purchaser of a Note from a Note Participant while the Notes are in book-entry form (each, a "Beneficial Owner")with respect to the following: (i) the accuracy of the records of the Depository,any nominees of the Depository or any Note Participant with respect to any ownership interest in the Notes, (ii) the delivery to any Note Participant,any Beneficial Owner or any other person,other than the Depository, of any notice with respect to the Notes,including any notice of redemption, or (iii) the payment to any Note Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Notes. The Paying Agent and Registrar shall make payments with respect to the Notes only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Notes to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Note, except as provided in (e) below. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Notes requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the County, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the Notes or (ii) to make available Notes registered in whatever name or names as the Beneficial Owners transferring or exchanging such Notes shall designate. -1 0- 197 ! Page (c) If the County determines that it is desirable that certificates representing the Notes be delivered to the ultimate beneficial owners of the Notes and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Note Participants of the availability through the Depository of Note certificates representing the Notes. In such event, the Paying Agent and Registrar shall issue, transfer and exchange Note certificates representing the Notes as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Resolution to the contrary, so long as any Note is registered in the name of the Depository or any nominee thereof, all payments with respect to such Note and all notices with respect to such Note shall be made and given, respectively,to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Notes may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Notes may be delivered in physical form to the following: (i) any successor securities depository or its nominee; and (ii) any person,upon(A) the resignation of the Depository from its functions as depository or(B)termination of the use of the Depository pursuant to this Section. (f) In the event of any partial redemption of a Note unless and until such partially redeemed Note has been replaced in accordance with the provisions of this Resolution,the books and records of the Paying Agent and Registrar shall govern and establish the principal amount of such Note as is then outstanding and all of the Notes issued to the Depository or its nominee shall contain a legend to such effect. If for any reason the Depository is terminated or resigns and is not replaced, the County shall immediately provide a supply of printed note certificates for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement certificates upon transfer or partial redemption, the County agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting Chairperson and County Clerk, In case any officer whose signature or facsimile thereof shall appear on any Note shall cease to be such officer before the delivery of such Note (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of such -1 1- 198IPage Note. The Notes shall not be valid and binding on the County until authenticated by the Paying Agent and Registrar. Section 9. After being executed by the Chairperson and County Clerk, said Notes shall be delivered to the Treasurer of this County who shall be responsible therefor under his/her official bond, and he/she shall cause the same to be delivered to the Paying Agent and Registrar for registration and authentication. The County Clerk is directed to make and certify a transcript of the proceedings of the County precedent to the issuance of said Notes, a copy of which shall be delivered to the Underwriter. Section 10. The proceeds of the Notes herein authorized shall be applied to the payment of costs of the improvements described in Section 1 of this Resolution and costs of issuance. Section 11. The County covenants and agrees that it will take all steps required to complete the improvements described in Section 1 hereof in a marmer to allow it to issue and sell its general obligation limited tax bonds, The County further covenants and agrees to issue and sell its general obligation limited tax bonds or other bonds in a sufficient amount and at such times as will enable it to take up and pay off the bond anticipation notes herein ordered issued, both principal and interest, at or prior to maturity, to the extent not paid from other sources. Section 12. The County hereby reserves the right to issue additional bond anticipation notes for the purpose of paying the balance of the cost of the Project of the County set out in Section 1 hereof,for the purpose of refunding the Notes herein ordered issued at or prior to maturity and for the purpose of paying for additional improvements for the County. Section 13. Upon execution, registration and authentication of the Notes, the Paying Agent and Registrar is authorized to deliver them to the Underwriter, as initial purchaser of the Notes, upon receipt of the purchase price of the Notes (as shall be determined in the Designation), plus accrued interest, if any, to date of payment and delivery thereof. The Underwriter and its agents, representatives and counsel(including the County's bond counsel)are hereby authorized to take such actions on behalf of the County as are necessary to effectuate the closing of the issuance and sale of the Notes, including, without limitation, authorizing the release of the Notes by the Depository at closing. The Underwriter -12- 199 I Page shall have the right to direct the registration of said Notes and the denominations thereof within each maturity subject to the restrictions of this Resolution. The Authorized Officers (or any one of them) are hereby authorized to execute and deliver a Note Purchase Agreement, in substantially the form presented herewith,for and on behalf of the County. Section 14. The County hereby covenants to the purchasers and holders of the Notes hereby authorized that it will make no use of the proceeds of said Note issue, including monies held in any sinking fund for the Notes, which would cause the Notes to be arbitrage Notes within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said Note issue. The County hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status(as to taxpayers generally)of interest payable on the Notes. The County hereby authorizes the Authorized Officers, or one or more of them, to designate the Notes as its "qualified tax-exempt obligations" pursuant to Section 265(b)(3)(B)(i)(M) of the Code and covenants and warrants that it does not reasonably expect to issue tax-exempt Notes or other tax-exempt obligations aggregating in principal amount more than$10,000,000 during the calendar year in which the Notes are issued,taking into consideration the exception for current refunding issues. Section 15. The Chairperson and County Clerk are hereby authorized to approve, deem final and deliver on behalf of the County a preliminary and a final Official Statement with such content as is deemed appropriate by them. The Authorized Officers and all officers of the County are hereby further authorized to execute and deliver any and all documents and certificates and to take any and all actions deemed necessary and appropriate in connection with the issuance,sale and delivery of the Notes. Section 16. The County hereby(a) authorizes and directs that an Authorized Officer execute and deliver, on the date of issue of the Notes,a continuing disclosure undertaking in accordance with the requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the"Rule") in such form as determined necessary and appropriate by such Authorized Officer (the "Continuing Disclosure Undertaking")and (b) covenants and agrees that it will comply with and carry out all of the -13- 200IPage provisions of the Continuing Disclosure Undertaking. Notwithstanding any other provision of this Resolution, failure of the County to comply with the Continuing Disclosure Undertaking shall not be considered an event of default hereunder;however,any Participating Underwriter(as such term is defined in the Continuing Disclosure Undertaking) or any Beneficial Owner or any Registered Owner of a Note (as such terms are defined in the Continuing Disclosure Undertaking)may take such actions as may be necessary and appropriate,including seeking mandamus or specific performance by court order,to cause the County to comply with its obligations under this section, and under the Continuing Disclosure Undertaking. • Section 17. This Resolution shall be in force and take effect from and after its passage. DATED this day of June,2020. County Clerk Chairperson [SEAL] Motion by Neumann, seconded by Larsen to approve Resolution 2020-06-16.01,approving the issuance of bonds for asphalt projects. Roll call:Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann, Orthmann. Nays: None Supervisor Thomsen presented bids received for the resurfacing of the Adams County Office Building parking lot.Thomsen stated the building and grounds committee is recommending the low bid of $235,903.05 received by Heartland Concrete Construction of Hastings.The amount of $235,903.05 is the portion to be paid by Adams County,the remaining balance would be paid by Howard's Glass for their portion of the parking lot. Motion by Thomsen, seconded by Neumann to award the ACOB parking lot bid to Heartland Concrete in the amount of$235,903.05. Roll call:Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann, Orthmann. Nays: None 201 I Page Bid Summary 2020 Office Building Parking Lot Concrete Paving Adams County,NE OCE#14-C-3 5/28/2020 66 ? v ,.y ocitq,4, ,r�ldK 1 �u1(4'wu,r. Farris Construction Hastings,NE GD Concrete Construction Overton,NE H&H Concrete and Construction Doniphan,NE t se do ✓� Heartland Concrete Construction Hastings,NE 13� 30,5 Morten Construction Kearney,NE 1111111MIT211111. Mud Jockies Grand Island,NE Nielsen Contracting Kearney,NE Van Kirk Bros Sutton,NE Werner Construction Hastings,NE i . «, •ra=liggiESSEIE, $273,304 Supervisor Curtis presented the renewal for employee dental insurance through Delta Dental.Rates for the 2020/2021 plan year incurred a 5%increase.Adams County employees are offered a group dental insurance rate however the county does not pay any portion of that premium. Motion by Curtis,seconded by Thomsen to approve the renewal of group dental insurance though Delta Dental. Roll call:Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann,Orthmann. Nays: None L DELTA DENTAL Delta Dental of Nebraska Renewal Rates for Adams County#000436 Pathfinder Value Effective July 1,2020 Rates per subscriber per month Current Rate(s) Renewal Rate(s) July 1,2019 through June 30,2020 July 1,2020 through June 30,2021 Subscriber only $22.21 $23.30 Subscriber and spouse $45.31 $47.60 Subscriber and child(ren) $48.46 $50.90 Subscriber,spouse and child(ren) $76.23 $80.05 Overall Percent Change 5.00% 202 I Page Supervisor Curtis also presented the renewal for county employee health insurance coverage with Blue Cross Blue Shield through the NACO plan.Curtis has reviewed the renewal and is presenting for approval. Motion by Curtis,seconded by Stromer to approve the 2020/2021 health insurance renewal thought BCBS/NACO. Roll call:Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann,Orthmann. Nays: None Supervisor Curtis presented a CASA budget request on behalf of CASA Director, RuAnn Root,who was unable to attend the meeting.The amount of budget assistance requested by CASA is$36,000.00. No action was taken on the CASA budget assistance request as all requests will be considered during future budget committee meetings. fiNj CASA of South Central Nebraska likCASA 835 South Burlington Ave. •Suite 106 • Hastings, NE 68901 `Oft cUILD•d Ne14Adi*"1" (402)463-1030 • (402)463-1054 F •www.casaofscne.org rOR CNI`DR[N May 20,2020 Adams County Court House Adams County Supervisors 500 W 4th St, Hastings,NE 68901, Dear Supervisors, Please accept this communication as a written request for our annual budget allocation. I wanted to make sure to respect the CDC guidelines for the COVID-19 virus and not expose you or me any more than necessary. This is the first time I have ever done my request in writing,instead of in person,for the 20 years I have worked for CASA. With that said,once the CDC guidelines are loosened,I would very much like the opportunity to come and visit you about all the great things CASA has done in your community. My allocation request to you is for the same amount as you funded last year,$36,000. I completely understand that the future for all of us is unsure,especially for families that already struggle with parenting and life in general. However,the work that we do at CASA does not stop in times like this; unfortunately we predict that our services will be called upon now more than ever.So your support continues to be a cornerstone for other grant sources. As you can see from our budget we have some other funders that help offset the actual cost of providing services within Adams County. These grantors look to you as the voice of local support and believe that if you fund us,the community wants CASA there,and,In turn will provide the additional monies we need. Please find enclosed a copy of the annual budget and some highlights of CASA and our work with children in your community. Included as well is a letter of support by Judge Michael Burns. I want to express my appreciation for your past 25(+)years of support;CASA could not have done it without you. We continue to look forward to working in Adams County advocating for abused and neglected children to have a safe and permanent home. Thank you for your time and consideration.If you have any questions,feel free to call me and I will be more than happy to answer any questions you have. Sincerely, `'11-4'1 eV RuAnn Root Executive Director CASA of South Central Nebraska United r ' Serving Adams,Clay,Nuckolls,Webster and Rllmore Counties Way Mission:To advocate for safe and permanent homes for abused and neglected children 203 ' Page INCOME 2020-2021 VOCA 40,700 Nebraska CASA 11,500 Adams County 36,000 Total 88,200 Expenses Staff Hours 31,777 Benefits(FICA) 2,431 Health Care Stipend 10,500 Children in Need 4,000 Training Manual 500 Mileage 3,600 Insurance 10,162 Telephone 2,035 Supplies 3,850 Publications 1,470 Postage 1,450 Volunteer Recognition 3,100 Equipment 1,950 Training 500 TOTAL 82,025 Request $36,000 Volunteers keep in contact with children with either Zoom or Face Book. Plan for this year is to visit kids at the level of comfort of the volunteer,and perhaps even do some outside/driveway visits at the house until CDC lifts the guidelines *no staff raise—we plan to keep our current budget amount the same as the last fiscal year Chairman Hogan started discussion on procedures for the courthouse in regards to the ongoing corona virus pandemic. Hogan stated that the county will follow guidelines and recommendations as set by the State of Nebraska including social distancing guidelines. Hogan stated that the courthouse must be open for walk in traffic by June 15th in order for the county to be eligible for any financial assistance provided by the state. No formal action was taken. Chairman Hogan presented a request from Region 3 for additional county match funds due to unforeseen expenses related to the corona virus pandemic. Motion by Curtis,seconded by Larsen to approve the fund matching request from Region 3 in the amount of$11,607.04 and to direct the clerk to process the payment with the claims to be approved today. Roll call:Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann,Orthmann. Nays: None 204 I Page 01'R.....• , Behavioral Health Services 4009 6th Avenue,Suite 65 • P.O.Box 2555 • Kearney, Nebraska 68848-2555 Phone: 308-237-5113 • Fax:308-236-7669 • www.region3.net May 5,2020 Ms.Ramona Thomas Adams County Clerk P.O.Box 2067 Hastings,NE 68902-2067 Dear Ms.Thomas: During this current fiscal year the public behavioral health system has experienced a significant increase in the demand for and utilization of behavioral health services. Much of Nebraska has been hit hard by the flooding of 2019,a downturn in the agricultural community,COVID 19 and other events that have usedNebraskans to seek help to address their mental health and substance abuse problems. This creased demana-thicitrairitforilmaertated a shortfall of funds-to reimburse our network providers for he services they are providing. Given this increase the Behavioral HealtltiRegioiiaye been working frith the Department of Health and Human Services,Division of Behavioral Health(Divtaion)to secure a lution to this shortfall. Z-t '!The Division has increased Region 3 BehavioralHeaatb Serviiv=, 0 contract by$847,827.¢. Nebraska statute 71-808 requires the counties,within a Behav1 Huth Region to provide tax??latch for l'state general fiords allocated for behavioral health—seruices.;.1Ain with the Division we wet¢able to reduce the required match amount by capturing available fedebloc grant fnds in the amount of$209,264:95 leaving a balance of$638,862.5 that requires,spktrj : ch /.. ,` �-Thisis-a-special;one-tithe match increase and-will not i pact yo f---21, toh amount. Attached 14 the special,one-time match request for FY2019/2020. In o er to ctify ..c unty's tax match with thb Division it is necessary for the County Clerk to notify,o„r of e-lr;lvr-itang a action your Board bas( taken. It is our desire that the amount requested wo d be ppro*ed b}l the dams County Board of It Supervisors. Please sin and return the enclo .Q11-3 13013A 'Dm i lih Services.Special,One- l,` Time FY 2019/2020 C unty Match Request at your rlie con i Thank you for your assistance and cooperation. If you have any questions,please feel free to contact me. Sincerely, ; 1L ,4424 — Beth Baxter Regional Administrator REGION 3 BEHAVIORAL HEALTH SERVICES FY 2019/2020 SPECIAL ONE-TIME COUNTY MATCH REQUEST Match Funds Behavioral Health Programs $ 11,607.04 Please notify Region 3 in writing utilizing the form below what action has been taken by your County Board. Please complete,sign and return the following form to: REGION 3 BEHAVIORAL HEALTH SERVICES P.O.BOX 2555 KEARNEY,NE 68848 On the day of ,2020 the Adams County Board of Supervisors approved the FY 2019/2020 Special One-time match request in the amount of$11,607.04 to be used by Region 3 for behavioral health services in the Region 3 area. County Clerk Date 205 ' Page Motion by Curtis,seconded by Stromer to approve the claims and direct the clerk to pay them out of their respective funds. Roll call:Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None Motion by Curtis,seconded by Thomsen to approve an officer report from the Clerk of the District Court. Roll call:Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None JUSB3419 Adams County Board Page 1 Monthly Fees/Fines Report Date 6/01/2020 From 05/01/2020 to 05/31/2020 Time 10:10:55 Account Description Total Amount Petition 420.00 Filing Fee - State 40.00 Automation Fee 496.00 Transcript of Lien 550.00 Probation Fee (Monthly) 1,125.00 NSC Education Fee 62.00 Dispute Resolution Fee 46.50 Indigent Defense Fee 186.00 Uniform Data Analysis Fee 62.00 Drug Ct Admin Enrollment Fee 30.00 Drug Ct Supry Fee 440.00 Drug Ct Local Fee 2,630.00 PRS Prob Fee (Monthly) 740.00 PRS Admn Enrollment Fee 60.00 Dissolution Fee 200.00 &Z{a Parenting Act Fund 750.00 101 J.R.F. 372.00 1 Filing Fee-JRF 240.00 Civil,,Legal Services Fund 16.00 L.E.I.F. 32.00 8 g Legal Aid/Services Fund 105.00 Is I Legal Aid/Services Fund 387.50 l Issuance of Writ 10.00 s $ 10% Bond Fee 225.00 a Complete Record 510.00 Photocopy Fees 30.00 A LI Interest on Bank Account 9.76 Court Costs 237.00 Substance Abuse Testing Fees 195.00 J may, Spousal Support/Alimony 22,080.00 Child Care Expenses 80.18 Propert Settlement 33,640.69q% 4); Judgnii (General) 5,845.97 AO` Attorney Fees 775.10 Restitution 598.60 Passport Processing Fee-County 70.00 HHS Account 98.64 Bindover Ten Percent Bond 4,635.00 Refund 1,918.75 Bond 2,025.00 Holding Acct .00 Grand Total 81,974.69 Meetings adjourned by unanimous consent. COUNTY GENERAL FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 982.26 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1, 466.06 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1, 676. 66 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 982 .26 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1,843.00 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 845.80 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 771.38 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 181.00 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1, 964.52 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 332.40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 694.40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 5,365.50 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 4, 154.86 FIVE POINTS BANK,VICTIMS ASSISTANCE PROGRA 513.40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 4, 035. 90 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 136.46 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 332 .40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 181.00 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 801.26 206IPage EAKES OFFICE SOLUTIONS,DATA PROCESSING COSTS 177.00 HOMETOWN LEASING,COPY MACH RENT 332.50 MICROFILM IMAGING SYSTEM, EQUIPMENT RENTAL - OFFICE 35.00 RAMONA RAE THOMAS,CELL PHONES 75.00 MELANIE CURRY,EQUIPMENT RENTAL - OFFICE 150.00 DUGAN PRINTING & PROMOTIONS, FORMS PRINTING 1,334 .03 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 342 . 60 EAKES OFFICE SOLUTIONS, FURNITURE/REMODELING 3,759.41 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 340.30 MIPS,DATA PROCESSING COSTS 1, 344.25 HOMETOWN LEASING,COPY MACH RENT 199.00 ADAMS COUNTY HWY DEPARTMENT,TRAVEL EXPENSES 88.50 JULIE BUDNICK,MISCELLANEOUS 92. 90 MICROFILM IMAGING SYSTEM,OFFICE EQUIPMENT 25.00 BORLEY MOVING & STORAGE INC,HAULING EQUIPMENT-BY OTHE 3,565.00 SECRETARY OF STATE, SUPPLIES - VOTING 20.00 DELL MARKETING LP,OFFICE EQUIPMENT 800.00 DELL MARKETING LP, SUPPLIES - OFFICE 290.22 MIKE ALLEN,MILEAGE ALLOWANCE 37.38 BOB HANSEN,MILEAGE ALLOWANCE 21.85 BRAD HENRIE,MILEAGE ALLOWANCE 19.55 BELVA JUNKER,MILEAGE ALLOWANCE 48 .30 KEN LUKASIEWICZ,MILEAGE ALLOWANCE 39.68 DEAN ROLLS,MILEAGE ALLOWANCE 5.75 RON SIDLO,MILEAGE ALLOWANCE 37. 95 KAREN STRUSS,MILEAGE ALLOWANCE 43.70 HENRY WILSON,MILEAGE ALLOWANCE 62. 10 ABTECH TECHNOLOGIES INC, DATA PROCESSING EQUIPMENT 7, 886.70 CITY OF HASTINGS,CAPITOL OUTLAY SOFTWARE 5, 540.00 TYLER CROOKSHANK,CELL PHONES 50.00 RON KUCERA,CELL PHONES 50.00 JANE MORRIS,CELL PHONES 50.00 SARA BOCKSTADTER,MENTAL HEALTH BOARD COSTS 275.50 JENIFER KNUTH,MENTAL HEALTH BOARD COSTS 114.00 LYNN FOLCIK,MENTAL HEALTH BOARD COSTS 237.50 DEREK TERWEY,MENTAL HEALTH BOARD COSTS 76.00 BEV PATITZ,MENTAL HEALTH BOARD COSTS 313.50 MICHELLE R. SMITH,MENTAL HEALTH BOARD COSTS 38.00 AMANDA BAUER,MISCELLANEOUS 96.14 AMANDA BAUER,DUES, SUBS,REGIST,TRAINING 75.00 CORNHUSKER STATE IND DCS ACCOU,OFFICE EQUIPMENT 8, 184.00 DELL MARKETING LP, DATA PROCESSING 1, 632.35 DELL MARKETING LP, DATA PROCESSING EQUIPMENT 6, 547.45 DELL MARKETING LP, DATA PROCESSING 817. 65 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 139.80 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 2, 118 .00 MICROFILM IMAGING SYSTEM,EQUIPMENT RENTAL - OFFICE 175.00 CEI SECURITY & SOUND INC,OFFICE EQ REPAIR 338.00 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 1, 437.13 EAKES OFFICE SOLUTIONS,EQUIPMENT RENTAL - OFFICE 399.26 OWENS EDUCATIONAL SERVICES INC, JUVENILE COURT COSTS 939.73 LISA ADAMS,TELEPHONE SERVICES 100.00 JESSICA BROCK,TELEPHONE SERVICES 100.00 JOHN HEIECK,TELEPHONE SERVICES 100.00 KELSEY HELGET, TELEPHONE SERVICES 100.00 SHON LIESKE,TELEPHONE SERVICES 100.00 DANIA ONTIVEROS,TELEPHONE SERVICES 100.00 DAWN THEER,TELEPHONE SERVICES 100.00 SAM ZELESKI,TELEPHONE SERVICES 100.00 DELL MARKETING LP, SUPPLIES - OFFICE 168.27 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 294.42 THEOBALD LAW OFFICE,ATTRNY FEES-COURT APPOINT 3, 979.50 DEREK TERWEY,ATTRNY FEES-COURT APPOINT 3, 524.50 DEREK TERWEY,ATTRNY FEES-COURT APPOINT 2, 764.50 CITY OF HASTINGS,HAZ. MAT 15.00 CULLIGAN OF HASTINGS,OTHER EQUIPMENT 253.00 CULLIGAN OF HASTINGS,CHEMICALS UN RES 219.07 EAKES OFFICE SOLUTIONS, JANITORIAL SUPPLIES 21.39 GRACES LOCKSMITH SERVICES,SUPPLIES - OFFICE 12.00 HARTLAND CLEANING SERVICES, JANITORIAL AGREEMENTS 7,770. 17 HASTINGS UTILITIES,UTILITIES 2,285.07 MONTE MALOUF JR & ASSOC, JANITORIAL SUPPLIES 1, 424.00 207 I Page MONTE MALOUF JR & ASSOC,BLDG REPAIR-COURTHOUSE 639.85 MONTE MALOUF JR & ASSOC,JANITORIAL SUPPLIES 1,231.00 MENARDS, SUPPLIES - OFFICE 14. 99 MENARDS,OTHER EQUIPMENT REPAIR 457. 98 MENARDS,BLDG REPAIR-ANNEX/WALLACE 317.88 WOODWARDS DISPOSAL SERVICE,GARBAGE 449.00 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 131.22 EAKES OFFICE SOLUTIONS,EQUIPMENT RENTAL - OFFICE 418. 91 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 328.00 UNIVERSITY OF NEBRASKA-LINCOLN,MILEAGE ALLOWANCE 4.39 TWILA BANKSON,MILEAGE ALLOWANCE 11.50 PATRICIA EVANS,MILEAGE ALLOWANCE 81.08 JULIE OCHSNER,OFFICE EQUIPMENT 79.00 RON SEYMOUR,MILEAGE ALLOWANCE 8.05 MIPS,MISCELLANEOUS LABOR 513.00 MIPS,EQUIPMENT RENTAL - OFFICE 190.00 ADAMS COUNTY SHERIFF REVOLVING,SHERIFF COSTS 171. 90 COOPERATIVE PRODUCERS INC,EQUIPMENT - FUEL 351.38 GALLS LLC,UNIFORM ALLOWANCE 202.69 GALLS LLC,RADIO EQUIPMENT 4, 935.00 HASTINGS FORD-LINCOLN,EQUIPMENT - FUEL 52.45 HOMETOWN LEASING,OFFICE EQUIPMENT 56.41 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 246.37 HOMETOWN LEASING,OFFICE EQUIPMENT 56.41 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 57 .37 JANITOR INC, JANITORIAL AGREEMENTS 578.32 KENESAW MOTOR CO INC,CARS/TRKS/TRLRS 73, 846.54 KENESAW MOTOR CO INC,EQUIPMENT - FUEL 113.80 KUSTOM SIGNALS INC,EQUIPMENT - FUEL 155.00 MIPS,SHERIFF COSTS 41.00 MIPS,MISCELLANEOUS 41.00 TOM DINSDALE,EQUIPMENT - FUEL 198.00 VERIZON CONNECT NWF INC,EQUIPMENT - FUEL 148.05 VERIZON CONNECT NWF INC,TRAVEL EXPENSES 32. 90 NATHAN R AREHART,CELL PHONES 25.00 CASSIE L. BALDWIN,CELL PHONES 25.00 DAVID A BERGIN,CELL PHONES 25.00 DALE T CALLAHAN,CELL PHONES 25.00 TYSON D MOODIE,CELL PHONES 25.00 ADAMS COUNTY SHERIFF,TAX FORCLOSURE COST 18.50 ASSOC OF PROSECUTING ATTORNEYS, DUES, SUBS,REGIST,TRAINING 55.00 CLAY COUNTY SHERIFF,COURT RELATED COSTS 53.02 CDW GOVERNMENT INC,OFFICE EQUIPMENT 879.76 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 266.27 FURNAS COUNTY SHERIFF,COURT RELATED COSTS 26.57 HALL COUNTY SHERIFF,COURT RELATED COSTS 50.76 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 638.50 JANITOR INC, JANITORIAL AGREEMENTS 527.35 KEITH COUNTY SHERIFF,COURT RELATED COSTS 20.00 PATRICIA LACROIX, JUVENILE COURT COSTS 1, 021. 95 MADISON COUNTY DISTRICT COURT ,COURT RELATED COSTS 6.00 MICROFILM IMAGING SYSTEM,EQUIPMENT RENTAL - OFFICE 510.00 NEBRASKA PUBLIC HLTH EVIRO LAB,COURT RELATED COSTS 165.07 PHYSICIANS LABORATORY PC,AUTOPSY COSTS 2, 442.00 PEOPLE SUBSCRIBER SERVICES,MISCELLANEOUS 44.50 RAF LLC,AUTOPSY COSTS 339.00 SECRETARY OF STATE,COURT RELATED COSTS 40.00 ALLO COMMUNICATIONS, INTERNET SERVICE 205.00 ALLO COMMUNICATIONS,TELEPHONE SERVICES 471. 97 CHARTER COMMUNICATIONS, INTERNET SERVICE 399.00 DAS STATE ACCOUNTING,EQUIPMENT RENTAL - OFFICE 704.00 VERIZON WIRELESS,CELL PHONES 160. 61 WINDSTREAM,TELEPHONE SERVICES 2, 175.61 WINDSTREAM,TELEPHONE SERVICES 150.00 WINDSTREAM,TELEPHONE SERVICES 285.20 ADAMS COUNTY JAIL/SHERIFF,BOARD OF PRISONERS - FOOD 1, 666.37 ALLENS OF HASTINGS INC, JANITORIAL SUPPLIES 116.14 AUCA CHICAGO LOCKBOX,MISCELLANEOUS 73. 95 BERTS REXALL DRUGS INC,MED-HOSP PRISONERS 107.23 BIG G COMMERCIAL HARDWARE INC ,JANITORIAL SUPPLIES 251.80 CASH WA DISTRIBUTING,BOARD OF PRISONERS - FOOD 1, 110.29 COMPUTER HARDWARE INC, DATA PROCESSING COSTS 284 . 95 208 ' Page CORNHUSKER PRESS INC. PRINTING/PUBLISHING 420.10 CULLIGAN OF HASTINGS,MISCELLANEOUS 102 .44 DELL MARKETING LP, DATA PROCESSING COSTS 902 .37 DUTTON LAINSON CO, PROVISIONS & CLOTHING 495.00 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 43.55 EAKES OFFICE SOLUTIONS, JAIL SUPPLIES 133.11 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 40.77 EAKES OFFICE SOLUTIONS,DUES,SUBS,REGIST,TRAINING 378.89 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 55.00 HASTINGS RADIOLOGY ASSOC PC,MED-HOSP PRISONERS 229.72 HOBART SALES & SERVICE,OTHER EQUIPMENT REPAIR 267.49 JACOBI 'S CARPET ONE,COURTHOUSE REMODELING 482.51 KEEFE SUPPLY COMPANY,COMMISSARY 370.34 KEITHS PHARMACIES,MED-HOSP PRISONERS 560.53 MARY LANNING HEALTHCARE,MED-HOSP PRISONERS 561.88 MONTE MALOUF JR & ASSOC,LAUNDRY-PRISONERS 80.70 PROFORMA BUSINESS WORLD,UNIFORM ALLOWANCE 240.24 SAAT PLUMBING & EXCAVATING LLC,BUILDING REPAIR 1, 710.00 STATE OF NEBRASKA,BOARD OF PRISONERS - FOOD 9, 591. 68 STATE OF NEBRASKA,MED-HOSP PRISONERS 3, 314.54 CALEB SCHROEDER MD LLC,MED-HOSP PRISONERS 1,294.12 US FOODS INC,BOARD OF PRISONERS - FOOD 767.42 WALMART, JANITORIAL SUPPLIES 191.51 WALMART,MED-HOSP PRISONERS 19.00 WALMART, JANITORIAL SUPPLIES 296. 16 WILLIAMS EXTERMINATING CO,MISCELLANEOUS 28.00 CENTURY LINK,TELEPHONE SERVICES 158. 94 COMPUTER CONSULTANTS INC, FURNITURE/REMODELING 509.85 CULLIGAN OF KEARNEY, SUPPLIES - OFFICE 12.00 EAKES OFFICE SOLUTIONS,OFFICE EQUIPMENT 1, 663.00 LITTLE CAESARS PIZZA, INCENTIVE PAYMENTS 400.00 JOSEPHS COLLEGE COSMETOLOGY, INCENTIVE PAYMENTS 600.00 NEBRASKA TECH & TELECOM INC,TELEPHONE SERVICES 115.67 QUILL CORPORATION, SUPPLIES - OFFICE 331.62 CITY OF HASTINGS,AMBULANCE COSTS 5, 208.33 ADAMS COUNTY HWY DEPARTMENT,EQUIPMENT - FUEL 75.47 DAS STATE ACCOUNTING, SP PROJ6-18SHSP-PET GRANT 700.00 HASTINGS UTILITIES,UTILITIES 263.89 IDEA BANK MARKETING, SP PROJ5-17SHSP-PET GRANT 4, 995.00 PRESTO-X,MAINTENANCE AGREEMENTS 39.00 RON PUGHES,CELL PHONES 25.00 G4S SECURE SOLUTIONS INC, SECURITY CONTRACTS BY 0TH 5, 436.06 ADAMS COUNTY TREASURER, INTER-FUND TRANSFERS 90, 000.00 ADAMS COUNTY HWY DEPARTMENT,EQUIPMENT - FUEL 244.23 ADAMS COUNTY HWY DEPARTMENT,RD EQ REP PARTS 716.18 ADAMS COUNTY HWY DEPARTMENT,RD EQ REP LABOR 723.90 ADAMS COUNTY HWY DEPARTMENT,SUPPLIES - OFFICE 93. 60 ADAMS COUNTY HWY DEPARTMENT,MEDICAL/HOSPITAL 100.33 ADAMS COUNTY HWY DEPARTMENT,SMALL TOOLS, ETC. 16.72 ADAMS COUNTY HWY DEPARTMENT,MACH EQ GREASE OIL 79.78 ADAMS COUNTY HWY DEPARTMENT, PT TIME CLERICAL 2, 100.00 ADAMS COUNTY HWY DEPARTMENT,SOCIAL SECURITY - COUNTY 160. 65 ADAMS COUNTY HWY DEPARTMENT,RETIREMENT CONTRIBUTIONS- 141.75 ADAMS LAND TITLE COMPANY,OTHER BUILDINGS 309.00 FIRST CONCORD BENEFITS GROUP,CAFETERIA PLAN ADMIN FEES 360.00 HERITAGE BANK, INTERNET SERVICE 25.00 MIDWEST CONNECT, POSTAL SERVICES 3, 000.00 MIPS,BUDGET PREPARATION COSTS 43.25 MIPS,DATA PROCESSING COSTS 277.50 REGION 3 BEHAVIORAL HLTH SRVCS,MENTAL HEALTH SERVICES AC 18, 551.48 OAK CREEK ENGINEERING,COURTHOUSE BUILDING 5, 687 .50 ASAAP,ALCOHOLISM SERVICES ACT C 2, 499. 99 CASA,CASA 9, 000.00 HASTINGS ECONOMIC DEVELOPMENT ,ECONOMIC DEVELOPMENT 5, 000.01 HEARTLAND PET CONNECTION,HUMANE SOC EXP 1,250.01 MEALS ON WHEELS, SENIOR CITIZEN PROGRAM 2, 250.00 MIDLAND AREA AGENCY ON AGING,AREA AGENCY ON AGING COST 3,700.26 MID-NEBRASKA INDIVIDUAL SERV, DEVELOPMENTALLY DSBLD SER 7,841.01 REVIVE INC,ABUSE PROGRAM 1,250.01 RSVP,SENIOR CITIZEN PROGRAM 1, 250.01 SPOUSE ABUSE SEXUAL ASSAULT, SASA (DOMESTIC ABUSE) 3, 125.01 SOUTH HEARTLAND DIST HEALTH,HEALTH DEPT CONTRACT 625.03 209 ' Page ROAD - BRIDGE FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 8, 537.82 ADAMS COUNTY TREASURER, INTER-FUND TRANSFERS 6, 836.25 ARROW SEED COMPANY INC, SEED TREES PLANTINGS (EROS 712.00 AUTO GLASS EXPERTS LLC,RD EQ REP LABOR 150.00 AUTO GLASS EXPERTS LLC,RD EQ REP PARTS 20.00 AUTO GLASS EXPERTS LLC,RD EQ REP LABOR 85.00 AUTO GLASS EXPERTS LLC,RD EQ REP PARTS 160.00 AUTO GLASS EXPERTS LLC,RD EQ REP LABOR 55.00 AUTO VALUE - HASTINGS,MACH EQ GREASE OIL 4.09 AUTO VALUE - HASTINGS, SUPPLIES - SHOP 31. 96 AUTO VALUE - HASTINGS,MACH EQ GREASE OIL 12.27 AUTO VALUE - HASTINGS,RD EQ REP PARTS 36.80 AUTO VALUE - HASTINGS,SUPPLIES - SHOP 124. 94 AUTO VALUE - HASTINGS,RD EQ REP PARTS 10.25 AUTO VALUE - HASTINGS,SUPPLIES - SHOP 12.55 AUTO VALUE - HASTINGS, SMALL TOOLS, ETC. 24 . 63 BAUER BUILT,MACH EQ TIRES & REP 1,510.40 BGNE,EQUIPMENT - FUEL 594. 18 BIG G COMMERCIAL HARDWARE INC ,RD EQ REP PARTS 2. 13 BIG G COMMERCIAL HARDWARE INC ,MISCELLANEOUS 59.21 BOSSELMAN ENERGY INC,MACH EQ GREASE OIL 215.70 CINTAS CORPORATION #449,JANITORIAL SUPPLIES 31.43 CINTAS CORPORATION #449,TOWEL/CLEANING AGREEMENTS 211.44 CONSOLIDATED CONCRETE AGGREG,MATERIALS - GRAVEL & BORR 273.42 COOPERATIVE PRODUCERS INC,EQUIPMENT - FUEL 5, 698.70 DEWEESE SAND & GRAVEL,MATERIALS - GRAVEL & BORR 13, 501.23 FASTENAL COMPANY, SUPPLIES - SHOP 32. 68 FASTENAL COMPANY, SMALL TOOLS, ETC. 209.81 GRACES LOCKSMITH SERVICES, SUPPLIES - MISCELLANEOUS 92.50 HANSEN INTL TRUCK INC,RD EQ REP PARTS 425.30 HANSEN INTL TRUCK INC,EXPRESS/FREIGHT 51.48 HASTINGS OUTDOOR POWER LLC,OTHER EQUIPMENT REPAIR 59.89 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 282 . 60 ISLAND SUPPLY WELDING CO,WELDING SUPP/CHAINS 236.14 LANDMARK IMPLEMENT INC,RD EQ REP PARTS 399.54 LAWSON PRODUCTS,MISCELLANEOUS 303.54 LAWSON PRODUCTS,EXPRESS/FREIGHT 22.31 MCCONNELL CLEANING, JANITORIAL AGREEMENTS 260.00 MID-NEBRASKA AGGREGATE INC,MATERIALS - GRAVEL & BORR 38,788.72 MID-NEBRASKA AGGREGATE INC, FEMA GRANT COSTS 1,309.59 NAPA AUTO PARTS,MACH EQ GREASE OIL 120.96 NAPA AUTO PARTS,RD EQ REP PARTS 44.80 NAPA AUTO PARTS, SUPPLIES - SHOP 21.54 NAPA AUTO PARTS,RD EQ REP PARTS 3. 68 NAPA AUTO PARTS, SUPPLIES - SHOP 69.47 NAPA AUTO PARTS,EXPRESS/FREIGHT 3.00 NEBRASKA TRUCK CENTER,RD EQ REP PARTS 30. 17 NEWMAN TRAFFIC SIGNS, SIGNS 8, 432.34 NEWMAN TRAFFIC SIGNS, SIGN POSTS 9, 484.00 O'REILLY AUTO PARTS,EQUIPMENT - FUEL 648.00 POWER PLAN,RD EQ REP PARTS 1, 475.28 THOMSEN OIL COMPANY,EQUIPMENT - FUEL 6, 568.03 TITAN MACHINERY INC. ,RD EQ REP PARTS 68.25 VERIZON CONNECT NWF INC,ENGINEERING/TECHNICAL EQU 180.95 WERNER CONSTRUCTION CO,BITUMINOUS SURFACE CONTRA 189,594.60 COUNTY VISITORS PROMOTIONS ANJANETTE BONHAM,CELL PHONES 25.00 PRESERVATION & MODERNIZATION MICROFILM IMAGING SYSTEM,EQUIPMENT RENTAL - OFFICE 184.00 MIPS,MISCELLANEOUS LABOR 371.75 INHERITANCE TAX ADAMS COUNTY HISTORICAL SOC,HISTORICAL SOC 3, 099. 99 JUVENILE SERVICES CASA, JUV GRANT COMMUNITY, 19-CB 22,202.78 CENTRAL MEDIATION CENTER, JUV GRANT ENHANCEMENT, 19- 1, 000.00 MENTORING WORKS INC, JUV GRANT COMMUNITY, 19-CB 5, 975.00 REVIVE INC, JUV GRANT COMMUNITY, 19-CB 3, 900.00 CARISSA L UHRMACHER, JUV GRANT COMMUNITY, 19-CB 88.00 YWCA,JUV GRANT COMMUNITY, 19-CB 8, 367.03 HIGHWAY BONDS BOK FINANCIAL, INTEREST PAYMENT 6, 636.25 210IPage BOK FINANCIAL,MISCELLANEOUS 200.00 FIVE POINTS BANK, INTEREST PAYMENT 9, 858.00 ESCROW HOLDING FUND ARROW SEED COMPANY INC,MISCELLANEOUS 5,000.00 DELL MARKETING LP,MISCELLANEOUS 902.37 DELL MARKETING LP,MISCELLANEOUS 773.00 DELL MARKETING LP,MISCELLANEOUS 3, 133.55 GALLS LLC,MISCELLANEOUS 237.76 GRACES LOCKSMITH SERVICES,MISCELLANEOUS 300.00 JACKS UNIFORMS & EQUIPMENT,MISCELLANEOUS 3, 754 .17 LAMINATOR.COM,MISCELLANEOUS 1,779. 99 PLATTE VALLEY OF HASTINGS INC ,MISCELLANEOUS 1, 900.00 WERNER CONSTRUCTION CO,MISCELLANEOUS 9, 237.99 Lee Hogan Ramona R. Thomas Chairman County Clerk Exhibit P from Isolated Land Hearing *Pages 212 to 301 Engineers Report On Low Water Crossing of the Littlt'ue River On ti �z Quarter Section,09-05-10--NW1/4 SEC 94540 ZERO TWP in Adaftstounty,Nebraska, �yA located southwest of Ayr, Nebraska. C t x Pre ate '1714,p �y � r ,•;,' +� Zia;�+ia k,t Rocky,J Keehin;PE Novem14l,2017 � ",. ) aw�c£ l(� F' �� fir .. tAtfigiNi mewromam 211 ' Page A. Background Approximately 40 acres of agricultural land(hay and floodplain next to the Little Blue River) of a 160-acre parcel(quarter section)is only accessible through adj ent properties since there is no 4, X1� _ road crossing the river. The 40-acre tract is part of a q-uararection with a legal description of 09-05-10--NW1/4 SEC 9-5-10 ZERO TWP in Adams County, Nebraska and is located southwest of Ayr, Nebraska. Since access through adjacent`property owners land has;either been denied or can only occur in late summer/early winter pastthe�prime time to harvest�the hay or get I '',,,",'5,. .,.,..1 .11;'.."5,_ A�u1 r'r multiple cuts,the agricultural revenue.from the:property hasKeatly decreased. 3 ; � 9 td bit a A bridge crossing of theLittle Blue River was'evaluateRoss Barron of Olson Associates and would cost$500,000 fontsteel girder bridge and$620,000 for a concrete girder bridge. A ^.. Y -.L second option proposed by thea acent',landowner to the South, Mr.Gregg Lay,was a low water crossing of the rider The most expensivenestimated cost of the proposed crossing �1 provided by R&R Construction Was approximately$24,500. The proposed low water crossing was a concrete crossing with slope grading on the banks to reach the bottom of the river from r i each side. ,__c, _;" A bridge is a permanent solution and should last for years with little or no maintenance. A low water crossing, if not correctly designed,will only last until the next annual flood event. Depending on the extent of the flood event,the repairs or maintenance can range from sediment removal to the structure needing to be totally rebuilt. An initial lower cost low water COME MON SENSE 2 =mot E (1/ crossing project, if not designed with long term maintenance in mind, could have a total cost (initial cost plus annual maintenance)that exceeds the initial cost of the proposed bridge during the time the crossing is expected to be used to access the 40 acres. There are two purposes of the Engineering Report. The first purpose of the report is to determine if the proposed crossing recommended by Mr. Layisfeasible and a safe alternative f �j . to a bridge crossing of the Little Blue River to access the 40acres owned by Maxine Strasburg. The second purpose of the report is to evaluate if the,proposed cos of$24,500 for a low water crossing is accurate. ..,'k,..-.-- ::: -,..,..„..., - . � '. B. Materials Available for Review iii B.1. Materials provided by,Conway, Pauley.&Johnson, p.c. " Email sent 9/20/2017 y�rith followingattachmuents 7 ' _ r ,,Z.7. • Bid from Consolidated Concrete dated 7-14-15 • 'Bid from R_R Construction': t'- Email sent 9/20 /2017 with following attachments: • Section Photo of 9-5 low' • Fwd1 7. . • Fwd Pic2 • Fwd Pic3 • Fwd Pic4 • Bid from R_R Construction recd 8-15-16 COMMON SENSE3 wear Resources[ry 3 Email sent 10/17/2017 with the following attachment: • Memo from Ross Barron, P.E.,Olsson and Associates,"Strasburg Bridge Investigation-Ayr, Nebraska",dated March 6, 2014. B.2. References of additional information used in preparation of the report • Low-Water Crossings: Geomorphic, Biological, and Engineering Design Considerations, United State Department of Agriculture, Forest Service, (+ .ober 2006.. (Chapter 1 included in Appendix #1) I • Private Water Crossings,Consideration before you,build or_rebuild,FEMA P 773/June 2009(copy in Appendix#1) /..,''':"•:;.--•',11.'4!::-?, • Site visit with Ms.Stasburg's land tenant,Mr`,Ryan,Gerloff,an September 26,2017 B.3. List of Appendices ,.'-'..' y :,., _ Appendix#1-Low Water`Crossing Design Documents ry Appendix#2—Site Photographs Appendix#3—River Migration Figures Appendix#4—Permit Background Information Appendix#5—Optional Low Water Crossing Driving Surface COMMON SENSE 4 waftRemixets[ngtnecmq C. Design Considerations for Construction of Low Water Crossings C.1. Background Design documents and site information were reviewed to determine if a low water crossing would be a feasible river crossing in this location. If the site conditions are such that a low water crossing will not provide safe and timely access to the 40 acres to harvest the hay throughout the growing season,then it should not be constructed. yr . 1.. S�•L 1 C.2. Design Documents x s Appendix #1 contains information the design of`low water crossings. There are several documents that are available to aid ln,'the idesign of low Ewater crossings. The two used in preparation of this report include_ • Low-Water Crossings Geomorphic, Bioloigical, and Engineering Design Considerations, s p i �Inilted State Department,of Agriculture, Forest Service, October 2006. (Chapter 1 '=4 t included in Appendix#1) • Private Water.Crossin s g , Consideration before you build or rebuild, FEMA P-773/June 2009 ' cam motet SENSE 5 c J Both documents provide a summary of when a low water crossing is recommended. From the FEMA document: In selecting or evaluating a crossing site, some characteristics should be considered. The chosen location should be economical to both construct and maintain.Waterway crossing sites should be selected:using the following criteria: • Fairly level and sufficiently long approaches with gentle slopes. • Firm and stable soil conditions. • Relatively shallow water depth and low velocity during floods. • Away from f ish spawning areas,watertintakes and fake outlet sites. J 2. • Minimum probability of scouringand sediment displacement. • Adequate spaceentering:the public highway at right angles. From the Forest Service document Disadvantages of low-water crossings are as follows: • Have periodic or occasional traffic delays during high-flow periods. • Are not well-suited to deeply incised drainages. • Are typically not desirable for high use or high-speed roads. COMMON SENSE 6 Wmd llesoucas Wowing • Can be difficult to design for aquatic organism passage. • Can be dangerous to traffic during high-flow periods. • Can be dangerous to boaters and other recreational users. Based on the design documents referenced previously,there,are,a several reasons it is not feasible to build a low water crossing in this location. { •The site is not fairly flat and it would"take significant grading to have the recommended long approachd`s'with gentle slopes. • Firm and stable soil are required and without soil borings this is an unknown. The banks are old floodplain'areas and the soils did not 1 look,;stable enough for heavy yfarm equipment without significant improvements such:as removing poor soils and replacing with a rock 41; I • 1 _ , base a �I� 1 Based on conversation`with Ms. Stasburg's land tenant, Mr. Ryan Gerloff,i during the site visit,the river depth during a flood has been in the entire floodplain and over the current banks of the river. This river does not have a relatively shallow water depth during floods and the deeper water causes high, potential damaging flow velocities during a flood. • Minimum probability of scouring and sediment displacement is a key design consideration and the Little Blue River moves a lot of sediment ' COMMON SENSE 7 c 1 (as can be seen by the sand bars in the Appendix#2 pictures and images in Appendix #3) and there is evidence of bank scour, so a low water crossing in this location would not be recommended. • This location does appear to have well-suited to deeply incised drainages features since the west bank was essentially a vertical 5 to I'41 .: 10-foot drop(Based on observations duringthe site visit and Appendix #2 photographs). A low water crossing is not recommended in a location where there is deeply incised drainage features ti, t.. 4 1� f C.3. Meandering River F, The proposed crossing assumed a concrete road in the_bottom of the current river bed with y approach roads(ramps)'on the east and west`banks tb'reach the current river bed elevation. A l , Yf ' n r_- � 'f,,,,,,o,,,. static crossing would bean acceptable design if the river bed does not move or meander. The i:� .,.:ii,.;:_6-- i bank-to-bank river`width appears.to be about 7;0 feetbut can meander in a floodplain that is ,t ' over 400 feet wide. If the-river bed is constantly moving and depositing sediment, a low water ssi river crossing location might be'buried with sediment and the approach ramp might become the new river bed. Tb determine if the Little Blue River is a meandering river,Google Earth Pro dal4s- was used to track the river''movement from 1999(clearest historical image)to August 2017 (most current image). Images of the river changes over this time are provided in Appendix#3. From 1999 to 2017 the main channel of the river, near the location of the proposed crossing, has moved about 55 feet. A little further downstream it moved about 79 feet and upstream 54 feet. This is about 4 feet per year. From 2011 to 2017 the river moved anywhere from 10 to 26 COMMON SENSE 8 Water Resources Repelling E S feet in the six-year period,which also is about 4 feet per year of movement. If the low water crossing is expected to last 50 years,typically the same life expectancy as a bridge,the channel could move 200 to 400 feet. If the river movement at the north end of the property is measured, it is about 280 feet from 1999 to 2017. It would not be unreasonable to assume the channel could meander from one side of the floodplain to the other over the life expectancy of the crossing(assuming 50 years). ,t t' The challenge is to determine how long of a permanent concrete read crossing to construct. ' M,. One option is to build the low water concrete toad across the entire floodplain at the elevation of the river to assure that in the future there will always Ise a solid road to travel on as the river moves. This will increase the project casts}due to need for significant excavation for a long river Jae . bottom road and concrete_,required to construct the-tdad. -r-,;,:,:::',„:.,:,. z, 1-1,t,-,,,'-' t4 .a v1f9.} , The other option is to build the crossing were tte� main channel is at the time the project is designed, but add channel control_structures or bank slope protection to assure the river does I t not move in the location of the IoW water crossing.' Protection of the crossing will increase the cost and may change the permit requirements since there will be a greater area of impact in the river. If no protection is provided,then the annual maintenance cost over the project's expected useful life should be determined. With construction costs plus maintenance costs, the low water crossing could be more expensive than a bridge option over the same life expectancy. COMMON SENSE 9 wear Resources MON tnyNeerLnj C 1 Due to the meandering nature of the river,which creates a moving riverbed where a permanent crossing would need to be installed, a low water crossing in this river location is not desirable or recommended. D. Potential Additional Costs Not Considered in Mr. Lay's Estimate D.1 Permits l:t - Projects located in a river need to be evaluate to determine if permits are required to complete :::,,,g,',?; the project. Permits, if required,will increase he overall project costfor s additional 'Ay C rx engineering time, possible time for scientist to look atawetlantl'impacts and plan changes due to comments from the review agencies A summary of the potential permits is discussed in the H ,'y _ following section of the report. k. �:I: fit.1 �A f.�:t D.1.1 United States Army-Corps of Engineers(DACE) Permit. _ 1,1 , of The project. qire.a for '-may require permit application to the USACE Omaha District Regulatory Office. In my opinion there would be,four possible permit scenarios for the project. 1. Nationwide_Permit. This depends on the final area of impact in the river. It is anticipated the area of impact would be small enough that if a permit is required, it .:i,-,,-.. ,,,....1 would be this permit. 2. Exempt. This site might qualify for an exemption under Clean Water Act,Section 404(9(1) (see Appendix#4,404 Permit Exceptions) if the road will always be used for farm practices and there was a previous farm practice in place. Since the area on the COMMON SENSE 10 Wotm Resaucec 6rgineainq t0 east side of the river has a long history of hay production, it could qualify as a previously farmed area. There are several best management practice (BMP) requirements for an exempt project that would have to be included as part of the low water crossing construction and followed. Those would be included on the preliminary and final plans. 3. Exempt. If the project impact to the river or waters of United States(US) is minimal and there are no identified environmental concerns(i.e,protected species in the river) a permit would not be required. After a final low water crossing design is completed,the n , impact to the waters of the US can be determined to see if the impact is such that a permit is not required. 4. Individual Permit. This permit is for projects that;have a very large area of impact or can potentially cause damage to areas determined to be environmentally sensitivity. It is unlikely this p rmit-"will be, a uired for,the j ect due to he small size and there r appears not to be any critical-environm''.211/-T4 ntconcerns in this reach of the Little Blue River. 91 The project owner could proceed with the project without submitting a USACE permit application4assuming the project does not require a permit due to the area of impact is under the threshold required for a permit and/or is assumed to be exempt as an agricultural road under 404(f)(1). The risk in in proceeding without a formal permit application is that USACE regulatory office may be notified by a local resident seeing a project in the river. The USACE regulatory office may visit the site and determine a permit should have been applied for. To avoid any potential fines,construction time delays and extra engineering costs required to obtain a permit, it is recommended that the owner request a pre-application consultation with the Omaha regulatory office to determine if a permit is required. COMMON SENSE 11 Waleieesa.ces enpfneeKnq ttc From the U.S. Army Corps of Engineers Permitting Process Information fact sheet in Appendix #4(404 Permit Process): Pre-application consultation usually involves one or more meetings between an applicant, Corps district staff and interested resource agencies(Federal,state, or local).The basic purpose of such meetings is to provide;for informal discussions about a proposed activity before an applicant makesrreversible commitments of resources(funds,detailed designs, etc) The pre-application process is intended to provide the applicant with an assessment of the viability of some of the more obvious alternatives available to accomplish`t} a project purpose,to discuss measures for reducing the impacts of the'proj,ect,and to inform the applicant of the factors the Corps must considerin its decision-making process. r The Omaha District Permitting Office(Appendix#4k ,Omaha Permit Requirements)will schedule 4 a pre-appltcatiori meeting,butoky experience is they will not schedule this meeting without the applicant preparing a detailed or nearly completed project set of construction plans. Once a project plan is completed,theproject ca :be discussed with the Omaha USACE regulatory office ,14 and they will complete the pre application consultation and determine which permit, if any, is w�u required for the project . Based on my experience, if the USACE Omaha Regulatory office will require a permit or conclude the project is exempt is difficult to predict. Preparing a detailed preliminary plan that addresses all anticipated issues aids in demonstrating no permit is required or if one is required, the permit can be obtained with minimal design changes. A vague concept plan, such as the ' COMMON SENSE 12 Wain Resources lig6etrfiq V 1 one currently provided to the owner, may not be sufficient for a pre-application meeting and cannot be used for a permit application. If USACE requires significant design changes due to a vague and incomplete plan,the changes required to obtain the permit could greatly increase the project cost. Changes require more consulting time for design and time for permit applications which;increases the project costs. When completing a project in waters of the US, in this case tle Little Blue River,final permit requirements can greatly alter a preliminary project cost estimate Ahigh project cost contingency is recommended on projects worpg in waters of the US to account for design changes required as part of the final permit requirements to complete the project. The proposed plan provided to the owner cid nS t include any contingency costs. IF It is recommended that the USAGE regulatokyr.office be contacted for a pre-application meeting � to determine if a perPmitwill be req fired after 1preliminary plan is prepared. D.1.2 Floodplain 't t The current flood insurance study for the:site is "Adams County, Nebraska Unincorporated Area, Effective 6/1/88." The site is in a Flood Hazard Zone A(see Appendix#4). Since the C ; project is in an identified flood zone,the flood plain administrator for Adams County will need to be notified. If the project does not restrict the flow in the river,there will not be any special requirements to complete the project. The worst-case scenario would require a hydraulic study of the river a few hundred feet upstream and downstream of the project and will need to be completed to show that the project will not flood any areas upstream of the project. A COMMON SENSE 13 Water Resources lryNcerng e ll 1� hydraulic study would add to the cost of the project for additional engineering time and surveys of the river further upstream and downstream of the proposed project. D.1.3 Nebraska Department of Environmental Quality(NDEQ) From (http://deq.ne.gov/NDEQProg.nsf/OnWeb/NPDES) Storm Water Permits during Construction '�17 An NPDES Construction Storm Water General Permit—Notice of Intent(CSW- IJ J1A¢ - NOI) is needed if construction disturb , ter one acre of land.The Notice of Intent must be received by the NDEQ at leant seven days in advance PfiAarting land grading and clearing activities. Development ofta Storm Water Pollution Tie>. i_ Prevention Plan that addresses erosion and sediment'control is a primary condition of this permit t t, The final project size or potential`impact will determine if a NDEQ permit is required. If a permit)s required there will be extra costs for engineering time to prepare a Storm Water Pollution Prevention Plan (SWPPP) D.2.Engineering Design Considerations that will Increase Project Costs - .ate The proposed cost estimate'contained limited details on how the low water crossing would be constructed. The estimate included no plans or a sketch to show where and how the project would be constructed. Typically, a project of this magnitude,would be designed by an engineer and a set of plans and specifications are prepared. The plans and specifications are used by the contractor to build the project. The following sections discuss key engineering design I COMMON SENSE 14 Wxtt Rewwces Hrg;nccrig e Lt components that would be required for a complete design of a low water crossing and the impact to project costs. D.2.1. Road section The tractor size,trailer to be used to haul out the bales,what equipment will be used to cut the hay and the type of bailer to be used will need to be determined to assure the road will carry the weight of the loaded and unload equipment require and be.wide enough. The road will need to be designed to carry these weights over the crossing and maintain an adequate width to allow for wider farm equipment to pass through Additional cost for soil borings and hiring a '11 %::.t., U,4 ;'?-1.e: structural engineer to design the road isr'ecommendto aessure the road will not fail. rc t Equipment that gets stuck in the riverbed or caught on a bank that is too close to the road can be costly to remove and/or're:pa.ir. r _ Yip. '.p� ,_ ', It is recommended that field work,-far surveys and soil borings be completed as part of the project. Also;a geotechnical report should be prepared,and a structural engineer used to design the concrete road, sro the crossing will have the same life cycle and maintenance costs as a bridge. The concrete road length proposed by R& R Construction was 40 feet yet the bank- to-bank width of the-river is estimated 70 feet. Any additional length required for the final concrete crossing adds costs to the final project. D.2.2 Access During River Flow Events The proposed crossing appears to be an unvented (improved)ford as described in the US Forest Design Document(see Figure 1.1 in the document re-printed Appendix#1). This design will COMMON SENSE 15 W�u enwces Enginccwg always have water going over it during any flow events in the river. This includes small base flows,typical spring and summer flow events and flood events. The crossing may be covered with sediment after any flow event that submerges the entire road. The site may require special markers to be installed to allow the owner to know where the road is located so maintenance activities can be completed to remove any sediment buildup on the road. A low water crossing serves no purpose if the water depth overYthe crossing is too deep to s allow the farm equipment to cross during ideal harvesting times Ahydrology study of the river .3 was not completed for the report so an estimate of the flow depth during various times of the -.0,:. ', year was not completed. A river gage station is located near Deweese, Nebraska,which is about 25 miles downstream of the site. The gage,Information at this location could be used to E estimate the frequency and duration of flows in the Little Blue River at the low water crossing to determine if an at grade river crossing would,provide access;to the hay field during peak harvest times. The projects also not likely to be constructed this year(2017)or next (2018),so is :T J r > dFli, e n flow depth mobservations in the river in the fall/Winterof 2017 and winter/spring/summer 2018 could be made. This would provide insight if an unvented (improved)ford will provide access to field on the eat side during peak harvesting times. A vented ford with culverts(see Figure 1.1 in the document re-printed Appendix#1)would provide a dry crossing when the river is at normal or base flow conditions. This option requires "damming"the river. The permit requirements will greatly change over those required for an unvented (improved)ford. Not enough hydrology or hydraulic information was available to ' COMMON SENSE 16 Water ReSpueet Engineering [ V determine if the project permitting requirements would change significantly with a vented ford crossing using culverts. A vented ford crossing would also increase the project costs. It is recommended that a hydrologic and hydraulic study be completed to determine the river water flow depths in the river to assure that the hay field can be accessed during peak harvest times. D.2.3. Erosion and Scour If a permanent structure is placed in a river system that is dynamic,thereYis a high probability of scouring and sediment movement at and around the-structure To prevent upstream and downstream scouring of the structure,sheet pile may be required to protect the concrete road and assure it remains where it is placed Iferos on protection•is not provided,the downstream end of the road in the'Siver bed could becorn undercut and a cavity formed under the concrete b �J r M1 f road. If not noticed, duo flowing find standing water in the river,the road could collapse under the`'weight of�the equipment driving over the`road. To prevent this.from occurring,sheet jai would be driven just upstream and downstream of the concrete road toassure there'is no cavitation under the road. The sheet pile would also protect the concrete during high flows when the road is total submerged and there is a possibility the water pressure under the concrete would be great enough to lift the road and cause severe damage. Also, riprap to protect the structure may be required in the riverbed downstream of the low water crossing. A geotechnical report based on soil borings and a COMMON SENSE 17 water Resources Engineering E 1 discussion of the potential for the road to be damaged due to flow pressures under the road is recommended. The other design issue related to placing a permanent structure in the river is the impact to the upstream and downstream banks. The Little Blue River is a meandering river, and over time steep river banks and sand bars will form and move. The structure will change the way the river acts naturally. This could cause changes to the natural occurring erosion and sediment 5 - depositions and impact property owners upstream and downstream;who are located outside K the parcel the crossing is located on. It is recommended that the impact 0,,f,. low water 2 crossing structure on the river between the bridge crossings'At-WestMonument;Road and , South Adams Central Avenue be undertaken to assure that there are no future claimed ''':',A;._,. 'Y damages related to farmland bank erosion will cause,.loss of property)that could be caused by 4r;k M the project. 4 , P D.2.4. Surveys, Plans and Specifications.. *r se;_. The project is being done in waters ofAhe US and more than likely will require at least a pre- application meeting with the USACE Omaha regulatory office. For the pre-application meeting, ,r` the USACE will require an accurate plan which shows exactly where the project will be constructed. A site survey will be required to develop an accurate project location and show the impacts of the projects. A survey will also assure the project is completed on the owner's property. COMMON SENSE 18 wafer Reiewces E A set of plans or sketch was not provided with the cost estimate for the proposed low water crossing. The cost of a low water crossing provided indicated that it was an estimate and actual site conditions could impact the final project costs. The main reason the low water crossing was proposed was because it was assumed to be at a cost that would be significantly less than a bridge. Without a survey and preliminary construction plans there are too many unknowns to provide an accurate cost estimate of a low water crossing.m,Tlhe low water crossing project will require grading not only for a ramp to the bottom of the raver, but for subgrade excavation to .11 place the base rock for the ramp roads to the bottom of the river and subgrade excavation for the river crossing concrete road and any required subbase kF I't The high cost of the bridge was the main'reason a low water crossing was proposed. An accurate low water crossing cost cannot.be done without a survey ..geotechnical report or nearly complete set<:of plans A preliminary plan should be prepared so a more accurate cost estimate can be prepared The plan can also be used for a pre-application permit review by the USACE Omaha Regulatory Office D.2.5. Alternative Analysis The only proposed crossing was aconcrete road. There could be other alternatives that could be used to provide a solid driving surface at the bottom of the river. Appendix#5 provides an example of using articulated concrete block to complete a low water crossing. The document provided also provides more detail on the design requirements of a low water crossing. After the survey and soil borings are completed. and during the concept stage of the project,other COMMON SENSE 19 Watd AeiaWces enghceraq a materials beside concrete should be evaluated that could provide a less expensive, more stable and a more environmentally friendly project. The assumed location of the crossing was at the south property line based on it appeared to be the shortest river channel distance with the best access. If the project requires a longer river bottom road or significant grading for the access ramp to the:bottom of the river,there may be a better crossing location. All potential crossing locations should be investigated. e "ti. ff_ Ftt t E' An alternative analysis should be completed todetermine if other materials can be used for the road and to determine the best location for the crossing considering not only the river bottom • ik ;j ;' E g F-v crossing length, but the approach ramps:in the floodplain and access from South'Adams Central Avenue. The alternative analysis should` lso review various methods to protect the road and approach ramps from failure I'_ 1 • 5 COMMON SENSE 20 Water ResoutCs 6nyncpi(p E E. Statement of Opinion A low water crossing is not feasible in the Little Blue River in this location. It is a meandering river with a high sediment load. The movement of the river will make it difficult to determine the length and location of the river crossing road and cause erosion around the structure and approach ramps. The sediment load will constantly be covering the road which will require ongoing maintenance. The river movement and sediment load:make the site undesirable for a low water river crossing. This opinion is support by design documents for low water crossing. i The project costs provided underestimate the actual;:cost to construct a lowwater crossing to imp, standards that are equivalent to a bridge_crossing ',.,, ..,1,,-,,,,_ All of my opinions are'given within a reasonable degree of engineering certainty. I reserve the Y1 r right to change and/or ?modify the opinion expressed in this report should additional ¢y information become available for me to review and evaluate. Date: Rocky J.Keehn, PE',n WRE,CFM,'ENV SP,LEAD AP ' COMMON SENSE 21 wmn Rmaxces[ngurvg 21 APPENDIX #1 Low Water Crossing Design Documents COMMON SENSE 2 wO rtcsaxN Fngia¢erkq I FROM: Low-Water Crossings: Geomorphic, Biological, and Engineering Design Considerations,United State k` " ` Department of Agriculture, Forest Service, October 2006. • x3 1 ?,-„,..I.;:;10.}:...,"'...% , • Chapter 1—Introduction ` "' A y 4 1 .1 What Are Low-Water Crossings? 5 , ,l. 6 �! Three main types of crossing structures are designed to be submerged at 4 , r.- 4`dsome flows: (1)unvented(simple)fords, (2)vented fords, and(3)low �t` , h,• zeuu�u >• water bridges. Because basic designs require tailoring to individual site , doc eme tt 44,e dejAted requirements and locally available materials, many variations of each of 4 f ut tie 9/04J these basic types of low-water crossing structures were developed over time. Figure 1.1 shows the basic low-water crossings types. , , -;„ USO{SIMPLE.UWIMPNYVEOI FORD ."?..'0"A- a ktra�►rsn }t� d AMA"G44,4146 fa - IRIVERNO empitono.FORDr r' ,t. .Mtr.tttusw E+dw�+f R i �oozie Stab, +d 00t�Nt4 \ N1lVr�kM bAr9d h�J4 y:tMr ... *1 -"Tr......‘ ._ y,y41.,-,•, ' \l,' u l"y'tihln.".. .+.Ya.+..+.,.+..+.r.:a.+.,....xr+..+.rv,� bt -'‘ � • y Y WNTg17 D W1Tti TiRADITI4N1ALC't RT PIPS L 6v violParasft410 CiTiOnneroomei MMtaztrrsm kora ibMamad T. Hower laatol or f irtaal Bohm 1�ti f 4 :) ; Cowl)].Boitf t l,±Y-}y 1 o'FO D W4 TH CONCRETE POR duwants ,fi, r rY -ore , t.. ti t I . 11 t-r Y'� €S - q .may ,w L6 1 w[ .�„r .i+ .1a.. j t'{ - 0011"'�"hfk.(N�' 5,'` # {P N Piro 44s fthb hl' Bow RAtiYUIC LOW WATER ORME owl WohrAkiftwurik mod .e:' Figure 1.1—Basic low-water crossing types. 1-1 Low-Water Crossings:Geomorphic,Biological,and Engineering Design Considerations,United State Department of Agriculture,Forest Service,Octobe. a� ,,,...„!,,,„,,,,,%, = .14.;FN sI, ' Low-Water Crossings ,=Y. i - f 1,' '''''."•':"..- :•'-' Unvented or simple fords cross streams at or slightly above the elevation �" of the streambed without pipes (vents). Unvented fords fall into two x•f { categories—unimproved and unproved. 7• S ,ta ., Unimproved fords are sunply natural crossings. Figure 1.2 shows an example of an unimproved ford. a� < pxt Ga E S t -S,r_. ry.�� .._ �1i1 _ 2� -4 4}' ,"..' ? { t v r r , F g l ,y� 31* { T bA^ wf e�gggg S t 4 A'! : ' c T �.—'':4?.i,.�,'"._ '"'•,� r& P -?_� a' f'� -4„sf,,+ Citr",ruY 8s�,-'� • :41" y,, gi Y +r � z� ti ,-.., ,- fez � ,a y; ,.d .: ' Iyt .A , S �a1 ,ti t Y S� .r. ;4t1 „s_y .Y t .s+ *.„.-:,1' t ' ` ibrig « f J ic, ;i ' t '.,F r 9 a: .yi,. a Aid ',1„!'4,-.. nr r s {` s'd b; k .a� a: � tiV-' h ti Figure 1.2—Unimproved ford on the Fishlake National Forest, Utah, Improved fords have a stable driving surface of rock,concrete, asphalt, 3 concrete blocks,concrete planks,gabions, geocells,or a combination of materials(fig. 1.3). Sometimes a small channel or slot is included at V3-14 the structure's low point to pass very low flows and aquatic animals. The downstream roadway edge may be stabilized and defined with logs, :r riprap, gabions,or Jersey barriers. Vented fords have a driving surface elevated some distance pass above theneathe streambed with culverts(vents)that enable low flows to b 3 • the roadbed.The vents can be one or more pipes, box culverts,or open- f bottom arches. In streams carrying large amounts of debris,the driving f surface over the vent may be removable,permitting debris to be cleared :,_ after a large flow event. , 1-2 ter: Crossings:Geomorphic,Biological,and Engineering Design Considerations,United State Department of Agriculture,Forest Service,October 2006. a h Air ,4*!.,'- • a�T• i i A §' s +` t I, JY� q&bti. � Chapter 1 —Introduction ;• {t •t2 i ; = 4 h w ,' 0. a xnb`, r .' ' ;�'Sa." a ,, r. xre H.,YA ' �� i;sa ,i . s: rly �4snaA 4 J1 . F " 5 StSjd�r t ati' sa - - _ �;} J & r;J Figure 1,3—Improved ford on an ephemeral tributary of the Agua Fria River, • z r Arizona. v, 1, Vented fords fall into two categories—low vent-area ratio (VAR) and ..:,,,0',..-,,,,-;:,,, ,"' highVAR—each of which affects stream channels differently(fig. 1.4). '..,,7.7.,,, 't ( g '� '' t, 'tj Vented fords with culverts that are small relative to the bankfull channel A- area have a low VAR. ,s -.,F A vent opening that approximates or exceeds the size of the bankfull ,., channel has a high VAR. ;<;, 4}' .':::';'''):11..).;, it � ye- .„0,..„,:y - A+iu e NNW, 3 K ,t z a .ii ,..1:.‘,.,,, ,,1,,.....z. ,i3,4C1':7 l • ',r'''''' ',.;';'.'"; read 7r— -q..!'''''''''... T .' alloroUrtadea mai • a i +�, ir y y�� . Affil. IMP-*REARKI1£O (V Figure 1.4—VAR-ratio definition sketch. /-3 Low-Water Crossings:Geomorphic,Biological,and Engineering Design Considerations,United State Department of Agriculture,Forest Seryice,Octobe� , 7 na • • ,:.,!:''''.4,'-:;',',.,','.fy: L:.,: a r Low-Water Crossings ,,, ¢Sly f ? 'ji. ,l `¢4 Bankfull is the flow that just overtops the streambanks and begins to x `, flow out over`:the flood lain fi 1.5 Leo old et al.'`1964 Leo old P � g )t, p � P 1994)< In many areas of the;United States,flow approaches or:exceeds :,,,,l'''''',.:'.,> biankfull on average once every 1 to 2 years Generally this frequent high flow is considered to do mttch of the work of rearranging:streambeds and;. ' maintaining aquatic habitats by transporting.and depositing sediment and woody debris.. For information on identifying bankfull,seethe twVD set Idem{tying A. r Bankfirll Stage intheEastern ar:d Western'Unitedoh-SI,tates Itis'available on the USDA Forest ServiceStream Systems Tecnology Center Web , site. k 1 t 3',,',..-•, - i P } 1q »: ds. j+ `i, r ,=,f k ?e. r. V , :4r h �. s L s ; ' r {^ ,off. +v a �1 I r 'MP FMBd Writ@ , - rFf,4. �„f •-"#,."r•',- .rqr� `, ;Ate. r .;yam Floxd,er, ,WAN ler*Far 4t pi M Fi Y x.1-it-_ a C t$ ' 4 BANK] PILL LEVEL IN A NAtI11tAL IITRE'IkM CMAMNAiEL - � y Figure 1.5—Bankfull level in a natural stream channel .; t7�• itz i ti-ehf j t C: ?t. .' 1-4 ter Crossings:Geomorphic,Biological,and Engineering Design Considerations,United State Department of Agriculture,Forest Service,October 2006. >� !,4.,.,,-4-14 FC JA , Chapter 1—Introduction , -,,` }, �k Figure 1.6 illustrates the difference between high- and low-VAR fords. `- -, The California example(fig. 1.6A)is an old structure that mostly blocks ,,,,',.--,;4„4, s` the bankfull cross section area.The Arkansas vented ford(fig. 1.6B)was ,..,• ,,,. ,;, constructed in 2004 with the express goal of allowing fish and sediment ,`'�' ' S ,5 passage. 4 Y J Vj t� �*. c a tie ern e. � w"�:t 5ais" s, � 4 . x. 3 du Y a^'`Y 'A is c tR. 31'aa 'k a f�,. e� .,1tiL ��` �i ...,v ,,,t eta +..s', \ N; a FIE 1 A ...yam.. 1.,,' ; 4YN,.A -•C�_ ti- J i Y A• . -'a._ �et.! R- a e V t t Figure 1.6—(A)Low-VAR ford on the Eldorado National Forest, Northern , Sierra Nevada, California. (B)High-VAR ford on the Ouachita National Forest, ` �° , 3 Arkansas. Note that this site is on a curve and needs safety warning signs. r ; , A common type of high-VAR ford is a series of box culverts that approaches e _aJF; :„ „ or matches stream width and bankfull depth(figs. 1.6B and 1.7).These . -' structures typically look like bridges and,where the bottoms are embedded, -.., can be mistaken for bridges. High-VAR fords may not significantly obstruct ` _ flow until the water surface rises to the top of the structure. r. , 1-5 ;0,`, Low-Water Crossings:Geomorphic,Biological,and Engineering Design Considerations,United State Department of Agriculture,Forest Service,Octobe'% ,-...,'Ik.-!, a.1 v s* ° ,- ' ., Low-Water Crossings t 4 r + ltd ' 5i 4 1. , . � l. fts ,'_rig.• tr,,V1::.: �.w..c- -.: _ _...-.....—.4x �-' '',F4,��F ..1'-'''a - Vr - r 1. °t: .t t 1 5 , - t b.. I i a._."', f i`7 '7.Viz:�. ..E. i , Figure 1.7—High-VAR ford composed of three box culverts, Mark Twain National ' Forest, Missouri. In this publication, we define low-water bridges as open-bottom structures with elevated decks and a total span of at least 20 feet (fig. ! r 1.8).They may be designed with one or several piety. Low-water '-- , ' bridges generally have greater capacity and are able to pass higher flows underneath the driving surface than most vented and unvented fords.As with fords,however, low-water bridges are designed and installed with the expectation they will be under water at higher flows. "Forest Service . Manual"(FSM)7720 (Transportation System Development)requires Y 1, all structures receive specific hydrologic,hydraulic,structural, and foundation design in accordance with the American Association of State Highway Transportation Officials(AASHTO) "Standard Specifications 41 for Highway Bridges."A qualified engineer must design the low-water ' ' bridge and review the completed structure. (-- a t •.!..4,.)....,3,.�, s y ra e 1 4 -, ,f,:,1', tr• V 9 , ,,,,•<.•. l ° •:,..` Figure 1.8—Low-water bridge at Boiling Springs, Big Piney River, Missouri. ;; 1-6 .,',ter Crossings:Geomorphic,Biological,and Engineering Design Considerations,United State Department of Agriculture,Forest Service,October 2006.vi ffiegtn t 3 Chapter 1—Introduction l-`1,T.'‘O/z a srt• St.r �Fi ki 1.2 Potential Benefits of Low-Water Crossings • • F a {'49 Choosing the type of structure for any crossing is highly site-dependent Depending on the site,the main advantages of low-water crossings over culverts and bridges may include the following: •Lower construction and maintenance costs. t. • • •Less channel and flood plain blockage. ■Adaptability. a ■ Stormproofing. ' Cost Low-water crossings are generally less expensive to construct. More often than not, designs are less complicated,construction is quicker, and fewer materials are involved.Although the initial cost of more complex low- water crossings may exceed those of simple culvert installations,the lower long-term maintenance and repair costs may still make selecting a low- water crossing more economical. -‘_ ,y Low-water crossings may also make sense when there is little funding for structure condition monitoring and maintenance,especially on roads with syr yearlong or seasonal closures.Unvented fords are more reliable in passing k peak flows than culverts(which can plug with debris),and usually require less maintenance than other structure types(Doyle,personal communication; Warhol 1994;Warhol and Pyles 1989).Economic evaluation should take into „='' consideration all lifecycle costs including maintenance,repairs,user costs,and the cost of environmental impacts. 14 ti, Channel and Flood Plain Blockage When streamflow approaches the design capacity of a crossing structure, q ;Ls:, water tends to pond upstream of the inlet, causing sediment deposition fi• 4 and often bank erosion. The less a crossing structure blocks the channel during sediment-transporting flows, the more it can avoid these effects Unimproved at-grade fords and low-water bridges generally have the least potential for impeding flow and sediment transport through a crossing. rts; ` f On broad flood plains,road approaches must ramp up to a high-profile bridge or large culvert,damming the flood plain to some degree.Unless drainage through the roadfill is provided for,the roadfill obstructs the downstream transport of water,wood,and sediment across the flood plain during large floods,reducing the erosional and depositional processes that create diverse flood plain habitats.Road approaches to low-water crossings can be low across the flood plain and generally dip down toward :s4 the stream,minimizing any impairment of flood plain processes. 1-7 Low-Water Crossings:Geomorphic,Biological,and Engineering Design Considerations,United State Department of Agriculture,Forest Service,Octobe•% 4; Low-Water Crossings k f Adaptability Simple low-water crossings like unvented fords are useful in naturally unstable channels such as alluvial fans and braided streams,or in channels with extreme flow variations. Because they obstruct flows less than most F 3 culverts,they are less likely to cause flow diversions or accelerations both of which can exacerbate a channel's inherent tendency toward instability. They can also be inexpensive to reconstruct in a new location if the channel does move. • Stormproofing At ordinary culvert crossings, streamflow can back up when the culvert i Yh1 plugs or when its capacity is exceeded during a flood. If this happens where the road surface or ditch slopes away from the crossing,water can run down the road or ditch before breaking over the roadfill, and it can cause major erosion on receiving slopes and channels(Flanagan and Furniss 1997). Because fords are shaped as dips in the road profile,water is likely to stay in the channel rather than diverting down the road or ditch. Well-designed overtoppable structures avoid the roadfill failures that occur during large floods when deep roadfills over culverts are breached.The types of structures appropriate for these incised channel locations are, however, limited(case study 16). 4 y -'' For the same reasons, low-water crossings are very useful in watersheds that have experienced severe disturbances and where substantial } <° mobilization of rock and woody debris is expected. Other Possible Functions Like other crossing structure types,low-water crossings can be designed to do the following: fy fib J • Enable passage of aquatic organisms. ■Protect endemic species from invasive competitors. p p ■ Provide a grade control in an incised stream system for protection or restoration of upstream reaches. la ti t.� Many low-water crossings and culverts create passage problems for • aquatic organisms. For this reason,the current trend is designing both culverts and low-water crossings to provide passage for as many of the A :A local species as possible(section 4.3). ;} + Conversely,the survival of a native population may depend on preventing r an exotic species from invading new habitats.Although exclusion was usually an unintentional effect of existing road crossings,crossings can be designed as barriers. This choice,however,requires careful consideration 1-8 ,,:ter Crossings:Geomorphic,Biological,and Engineering Design Considerations,United State Department of Agriculture,Forest Service,October 2006. 30 Yi; 4;.?,1( f�t'E'R�}YaF Chapter 1—Introduction 4' (Fausch et al 2006). Exclusion can also prevent nontarget species from accessing their habitats,possibly putting their populations at risk over the long term. R y; 7f Like culverts, low-water crossings can function as grade-control structures in situations where a headgut is moving upstream. In these situations,it • x: may be necessary to provide alternative passage for aquatic organisms. For more information on headcuts and channel degradation, see Castro i (2003). Case study 15 is a good example of a vented ford with a fish ladder used as a grade control. 5'. The following list summarizes the general advantages and disadvantages of low-water crossings. Individual structures may or may not exhibit these ' characteristics depending on how well they are designed to fit their sites M +;' • ., Y Advantages of low-water crossings are as follows: • Structures designed for overtopping. •Less likely than culverts to be damaged by debris or vegetation plugging. •Typically less expensive structures than large culverts or bridges. •Less susceptible than other structures to failing during flows higher x s• -';:;4 than the design flow. +; •Good for"stormproofing"roads where large amounts of sediment and ;=y debris are expected, like after a large storm event or forest fire. �s " :. Disadvantages of low-water crossings are as follows: r •Have periodic or occasional traffic delays during high-flow periods •Are not well-suited to deeply incised drainages. •Are typically not desirable for high use or high-speed roads. • Can be difficult to design for aquatic organism passage. ■ Can be dangerous to traffic during high-flow periods. •Can be dangerous to boaters and other recreational users. 1-9 Low-Water Crossings:Geomorphic,Biological,and Engineering Design Considerations,United State Department of Agriculture,Forest Service,Octobe < y 3� • . e `Y .a' q e411 ; 1:: i , r ----.--. �'..e�-e ,••• ^ ...tea a is t fin!rS �s eY«.—�.f'w.,-+w:��._��► t� y+r�, "A" "�,�" •`�'�"`�.act.".-� �.tk � > ` - Fu '--.P..,;-.4.,"',` 1.� �'R')' 'Se. is � } --..-------- Private Water Crossings Considerations before you build or rebuild FEMA P-778 / June 2009 A y 0 FEMA PRIVATE WATER CROSSINGS Table Of Contents 1. Introduction 1 2. Obtaining a Permit 2 3. Water Crossings 3 3.1 Bridges 4 3.2 Culverts 9 • 3.3 Low Water Crossings 13 4. Definitions 15 • 3'b PRIVATE WATER CROSSINGS I 1 Introduction This booklet addresses the necessity for careful Structural design should be based on maximum consideration of a number of issues to gain or anticipated water depth and velocity in addition regain, and to maintain safe ingress and egress over to the intended use of the crossing. Longer and water bodies utilizing private crossings. higher bridges are often more economical because they will sustain less damage in future flood events. It is imperative that all watercourse crossings, including bridges, low water crossings and The actual design and installation of the crossing culverts be properly designed and constructed needs to be coordinated with all persons who to perform safely and adequately under varying may be involved in the project: owner, engineer, natural conditions. Any watercourse crossing contractor and governing agencies (local, state and has the potential to alter or disrupt the waterway federal). characteristics from the low to high flow conditions. Improper installations can result in Because each land and water site is unique, and the extensive loss and damage to public and private type of materials and the quality of construction property, danger to human life, as well as damage vary, mechanisms must be customized to each to the environment as a result of flooding, erosion location. It is not possible or desirable to attempt to and washouts. Maintaining the overallintegrity of address all considerations. The Federal Emergency the waterway is of the utmost importance. Management Agency (FEMA) therefore does not warrant the completeness, inclusiveness or Constructionshould be performed during dry comprehensiveness of the discussionthat follows. weather and not prolonged. This will minimize risks to both the project and the environment. Installation should not be done in frozen ground. In selecting or evaluating a crossing site,some,characteristics should be considered. The chosen location should be economical to both construct and maintain. Waterway crossing sites should be selected using the following criteria: • • Fairly level and sufficieylitgroaches with gentle slopes. • Firm and stable soil conditions • Relatively shallow water depth and low ve oci • Away from fish spawning areas,water in es r ta�®9 ! • Minimum probability of scouring and sedihient • Adequate space for entering the public highw• ' g t ang es 1 �.r Alt 3`� PRIVATE WATER CROSSINGS I 13 sy'' ,G'1 '.,) , r Low Water Crossings Low water crossings have limited application due , . to continued disturbance of the streambed and frequent inundation. Do not use a low water crossing to serve occupied dwellings where no alternate emergency access is available. They are v more suitable for low volume roads with no habitable dwellings where the normal volume of wager flow is relatively low. ,•," Low water crossings can be useful for infrequently }, a EM crossed waterways that experience ;,, ,. . if =r-�, 4;t-4,9,4,.., ,. flash floods, since it would be -.444444- -' ' IM?AssAeLE Figure 3.3-2. Concrete vented ford- this type of crossing has a uneconomical to construct a bridge DURING low cost and low maintenance.Fish passage and scouring problems or culvert. Debris problems and HIGH WATER other maintenance are minimized. are a disadvantage as well as a danger to traffic during high flow Proper signs should be used periods. warning of the dangers of high water. 1 �; ' ~ A The more stable the streambed and banks are with 11171W. -., bedrock, and the lower the existing bank slopes and 0.� grades are, the more suitable the site is for a low water crossing. Approach grades should be less than 10%. Sites that consist mostly of sand and/or silt are not appropriate for fording/crossing. Two types of low water crossings are the unvented. ,,--- ford and the vented ford. • Unvented fords are constructed of riprap, gabions, or concrete to provide a stream crossing without -4111111#1\ the use of pipes where streams are dry most of the ` f year and crossing use is temporary.Water depth flow over an unvented ford should not exceed 6 inches. Vented fords use pipes under the crossing to allow low flows to pass through without regularly passing over the crossing. The pipes or small culverts may be placed in aggregate, riprap, gabions or concrete. Figure 3.3-1.Low water crossing- this can be suitable for very low-volume access. Unimproved ford is a natural crossing that is undesirable for daily use. 35 14 ( PRIVATE WATER CROSSINGS A box culvert is a crossing design that is used It is important that any washout of streambed. more frequently in areas where habitat protection material during high water flow is refilled naturally is important. A single or series of box culverts are with sediment as flow recedes. embedded with continuous streambed material through the structure. These structures perform like a bridge by matching the channel width. ROAD SURFACE I .-- BANKFULL WIDTH --. r -- _ - NATURAL CHANNEL PROFILE ANTI-SCOUR ' ; EMBEDDED BOX DOWNSTREAM _fir 'I CULVERTS SET CUTOFF WALL ' BELOW CHANNEL (TYPICALLY 3'-5' LEVEL 12"-24"TO DEEP) FORM A"NATURAL" STREAM BOTTOM Figure 3.3-3. Embedded box culverts Embedded box culverts maintain a continuous channel bottom is preferable in sustaining channel streambed through the structure. If site conditions function. permit, an open-bottom box with a natural stream (k.A\CIA1 -zt\ \ Atevir, , ‘, ,•,. • . v , Figure 3.3-4. Concrete vented ford- The number of box openings depends upon the width and flow of the channel. A continuous streambed maintains channel function. a41 APPENDIX #2 Site Photographs COMMON SENSE 3 waver M N Eep c 31 Rocky J Keehn From: maxine strasburg <strasburg.m@gmail.com> Sent: Friday,July 11,2014 7:31 PM To: Joshua Johnson Subject: Fwd: 1 Sent from my iPad Begin forwarded message: From:Mariana<marlana.strasbure@gmail.com> Date:July 11,2014 at 12:12:19 PM CDT To:Mom Strasburg<strasburg.m@gmail.com> Subject:1 R 7' • • M1, I, o a . • � r:s t,� � � • { fi 1 +c r£ P � a; ? 1 3$ Rocky J Keehn From: maxine strasburg <strasburg.m@gmail,com> Sent: Friday,July 11,2014 7:31 PM To: Joshua Johnson Subject: Fwd: Pict You can see by the bank how high the water was Sent from my iPad Begin forwarded message: 'l'# •.• 1r„ •,' ti> - ,�r "i' y-L'.;;;;.:t �"' -A 44'4'1+ . it f- .�. r '4 i:+ i+1 yyy 1"S*'� Z L*+,p�N r ‘ y ` „ ,:Wt� �_ Y ..� a �� '`j•� t k 1. y*.... £ 4t fi?* 1 , a "$ a S Y c'F' a , _ tY ta'4%a, s '�ij . ''ks 4 .S.'. fa Iii 3 � .''',os ` L - -.1 t ,t.. ...1Y S 4. 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" .,,,,r'a.f' c I y,^ ,(}t , S a f4 `, r '.r " w, .s 4,� S • • • -14 S v ii+. 1 P. it), .t, 'l r,r , i s: "r s L' (f , ; �P,: 4{ i ,,,,...4 1 1 �. Yl (•'. - + � .."4;;;,,,,,..14 a `7w f t4 ,-. ,..4,--4,,,.. » -tX0: �w .„. LY • , tY *�� . 4-, 4 . YT M+ t.t • c �SC. 1P ,4 ,qas• , _ ' VA:a F ,I,„-,,,,i,.......„,,,,,,,,, r ; � t e� Y ' t� h ' � 4. r. °"4 `�6 ¢ :,, ,. R vi • 3 ' ma `-, ''H*11,5° ,fd i °XJ4jP1 44s'g ,' + , ` tr " , ( I. (lb Rocky J Keehn From: maxine strasburg <strasburg.m@gmail.com> Sent: Friday,July 11, 2014 7:30 PM To: Joshua Johnson Subject: Fwd: Pic4 Looking south by the well... Sent from my iPad Begin forwarded message: From:Marlana<marlana.strasburg@gmaii.com> Date:July 11,2014 at 12:14:57 PM CDT To:Mom Strasburg<strasburg.m@gmail,com> Subject:Pic4 ', SFr ^, Y t „ ?t j # wj aZ' ,{ , ¢. . 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' xt#� a• 1 as i ti a ' kP ,f r - 1 .s aj, ;:. fma. „ ' .t4; ei '-,4/.4.. i4t .1 ' r . u., s - f .,-,;*".,...,l''. ` + r, ..1ta k .,Z.,;... t41+ t�' ,. fi4,,‘ .4 rc� sY q.; it. r ,. : , t sr11Yr r, • '.14 41)tr, f. „r f'1 a 7;1, •' t 1..V+, `�: tyre �, JL , , t ,y y`d / i + s . � lev '� ,, .A1 .S'. ,, 4ixL . -1; fl ++ d1 r°4I's;g if i , nt� � y, 4�i fi 1 'a �,'' _> ts:41♦ r L + .' -��j'2 '- .rx+�l1.k '•° e fret t. • 41144 _ , ;;Nff �i k�,,,i jr.;:. • • ., • • 1 I *." 4 a PS'� ap'*4.f _ •r tr: • , 004... 3'`fd , *,as i', n y uy G3 '' pg. 1 Taken Septermber 26,f2017 by Rocky J.Keehn I4-7- CYr 1.t w A v pg,2 Taken Septermber 26,f2017 by Rocky J.Keehn �� APPENDIX #3 River Migration Figures COMMON$&SENSE 4 E waver naso IC mq 144 Appendix#4(1). 10/06/2017. Location of River Channel south property line 1999 3, q a* . 6P11/ 4 r yr a t.tl Approximate Location el Property Line DRAFT FOR REVIEW ONLY ( .. Goocile Earth th Ir ager, Date: 3 31 1999 49 24 5i= 10 ti 9' 21.5: ,zI . 1'2,2 rt PVF alt 79>_ rt • Appendix#4(2). 10/06/2017. Location of River Channel south property line 2011 .o pii''' ' 4 . , ,. , , , , P 6 4i ` Approximate Location , : Property Line atr � 1V' DRAFT ,, F OR REVIEW •_ ONLY Google Earth Imogen, Dat,: o 26 2911 -411 215c 99 N _ ?' 7'zi. ,, e1 19_-.2 rt E,c a!r 2822 ft Appendix#4(3). 10/06/2017. Location of River Channel south property line 2014 is ! g '.,. ...fes 4 a p: • r" • r ;riv` Approximate Location Property Line • DRAFT FOR REVIEW ONLY Google Earth pi1ayet, Dcte: 4 17 2014 -+0 _4 5c.14 H y5 1i 2 s.04 ale'. 13_2 ft e � ,,I_ 817 t; qi Appendix#4(4). 10/06/2017. Location of River Channel south property line 2017 4 ' rI i' ' ( 4' lb�+L'y. ��P! pt ,,rii 4 iLL T k • `, Approximate Location. ±: tF Property Line I"r',,$41, il .-±,' vi 4F i .t e. DRAFT .,{ FOR ,, rt REVIEW r,. i `VIS ONLY i iF: i. Google Earth ,mFiq_i y Dat : 8,27 2U17 4Q=1.1'56,14 H 9$ 27 2 84 ... JP, 1,,,2 *:-. e c117 21'17 tt Appendix#4(5). 10/06/2017. Location of River Channel movement at south property line from 1999,2011,2014 and 2017 plus distances channel has moved from various years to 2017. .!--,,,v: ,, --..„..,. . . . • ( , „,4,,,,,,, ..) °r \. , )jry r a L1 r , 1 r. 1999-2017 54 feet 2011-2017 31 feet I '.F Ic 2014-2017 26 feet -- ;: , Near Property Line '-i 1999-2017 55 feet 2011-2017 9 feet 2014-2017 10 feet .,',...4 . w' Approximate Loif cation s . j .` Property Line Ace ;-:; . 44''...:',: i 1999-2017 79 feet tit.. 2011-2017 10 feet ,._.: i 2017 Same DRAFT 2014-2017 14 feet T ` `--- jr as Image FOR. REVIEW 1999,: ONLY i :. r Google Earth ' _. Inioq=rr Date: 2 27 2017 4t1 24'56.27 Ni U8-_72-.15 ,I�. 12"32 ft " alt 27-18 P 0 Appendix#4(6). 10/06/2017. Location of River Channel movement on north end of property from 1999 and 2017 plus distances channel has moved from 1999 to 2017. ..+..+"'-'-,ter- 4 . \ \ - N 1999 2017 . : - Google Earth Google Earth 1 , 1999-2017 283 feet 4 43 , O iC le' lit N 0 o ,...-,P,./ ,, , it,vidift/ir ..- ..g 4:6,',-; ter,' =. DRAFT FOR REVIEW ONLY Google Earth ?rnagE-ry rr,te: 8 27 2017 40°25100.78" N °0-27'0 Y 9 c!e. 12'2Q rr e.e r!t 35th tt S APPENDIX #4 Permit Background Information COMMxNtErq�SENSE 1 WO Rosourc¢ neam7 E U.S. Army Corps of Engineers Permitting Process Information The Permit Process consists of a number of steps involving the applicant,the Corps of Engineers, public and/or private organizations, and Federal, state and/or local agencies. General information related to the permitting process is outlined below. Processing Steps The basic form of authorization used by Corps districts is the standard permit. Processing such permits involves evaluation of individual, project specific applications in what can be considered three steps: pre- application consultation (for major projects), project review, and decision-making. The following is a general description of the step-by-step procedure the Corps uses to evaluate a typical standard permit application: 1. A pre-application consultation is recommended(see below). 2. The applicant submits ENG Form 4345 and plans through this web site or to the appropriate Corps regulatory office. 3. The Corps receives the application and assigns it an identification number. 4. The Corps notifies the applicant if additional information is required to make the application complete. 5. A public notice is issued within 15 days of receipt of a complete application,to solicit comments from the public, adjacent property owners, interested groups and individuals, local agencies, state agencies, and Federal agencies. 6. The public notice comment period is 15 to 30 days, depending upon nature of activity. 7. The Corps provides the applicant an opportunity to respond to comments received in response to the public notice. 8. The Corps may ask the applicant to provide additional information to assess environmental impacts or resolve public interest concerns. The Corps may also ask the applicant to modify the project to reduce environmental impacts. 9. The Corps considers all comments and the applicant's responses to those comments, including any proposed modifications of the project.The Corps may discuss project modifications with state and Federal agencies and other interested parties. 10. A public hearing is held, if necessary. 11. The Corps conducts a public interest review evaluation and, if necessary, a section 404(b)(1) guidelines evaluation. 12. The Corps makes a decision on the permit application and explains its decision in a decision document.This decision document may include an environmental assessment or environmental impact statement, a statement of findings or record of decision, a Section 404(b)(1)guidelines evaluation (if necessary), and a public interest review evaluation. 13. If the Corps decides to issue the permit, a copy of the permit is sent to the applicant for his or her signature. If the applicant signs the permit, he or she agrees to the terms and conditions of the permit. If the permit is denied,the Corps will explain to the applicant why the permit was denied. 14. If the applicant refuses to sign the permit because he or she does not agree with the conditions in the permit,or if the permit is denied,the applicant can request an administrative appeal of the permit decision. Pre-application consultation usually involves one or more meetings between an applicant, Corps district staff and interested resource agencies(Federal,state, or local). The basic purpose of such meetings is to provide for informal discussions about a proposed activity before an applicant makes irreversible commitments of resources(funds, detailed designs, etc.). The pre-application process is intended to provide the applicant with an assessment of the viability of some of the more obvious alternatives available to accomplish the project purpose,to discuss measures for reducing the impacts of the project, and to inform the applicant of the factors the Corps must consider in its decision-making process. 404 PERMIT PROCESS Once a complete application is received,the review process begins. Corps districts operate under what is called a project manager system,where one individual is responsible for handling an application from receipt to final decision.The project manager prepares a public notice, evaluates the impacts of the project and all comments received, negotiates necessary modifications of the project, and prepares appropriate documentation to support a recommended permit decision. The decision to issue or deny a permit is based on the public interest review and,where applicable, a Section 404(b)(1)guidelines analysis or an analysis of the ocean dumping criteria. The public interest review involves an analysis of the foreseeable impacts the proposed work would have on public interest factors, such as navigation,general environmental concerns,wetlands, economics,fish and wildlife values, land use,floodplain values, and the needs and welfare of the people. The benefits and detriments to all public interest factors relevant to each case are carefully evaluated. The permit decision document includes a discussion of the environmental impacts of the project,the findings of the public interest review process, and any special evaluation required by the type of activity, such as determining compliance with the Section 404(b)(1)guidelines or ocean dumping criteria. The following general criteria are considered in evaluating all applications: 1. The relevant extent of public and private need for the proposed work; 2. Where unresolved conflicts of resource use exist,the practicability of using reasonable alternative locations and methods to accomplish the objective of the proposed structure or work;and 3. The extent and permanence of the beneficial and/or detrimental effects the proposed structure or work is likely to have on public and private uses to which the area is suited. No permit is granted if the proposed project is found to be contrary to the public interest. If the proposed work involves discharges of dredged or fill material into waters of the United States, no permit is granted if the proposed activity is found to be contrary to the Section 404(b)(1)guidelines. The Corps supports strong partnerships with states in regulating water resource development activities. Such partnerships can be achieved through joint permit processing procedures(e.g.,joint permit applications, public notices and public hearings), as well as programmatic general permits founded on effective state programs,transfer of the Section 404 program to states, special area management planning, and regional conditioning of nationwide permits. Alternate Forms of Department of Army Permits There are alternate forms of authorization used in certain situations. Letters of permission may be used where, in the opinion of the district engineer,the proposed work would be minor,would not have significant individual or cumulative impacts on environmental values,and should encounter no appreciable opposition. In such situations,the proposal is coordinated with Federal and state resource agencies, and in most cases, adjacent property owners who might be affected by the proposal. However,the public at large is not notified. The public interest review process is central to the decision-making process for letters of permission. Another form of authorization is the general permit.There are three types of general permits: nationwide permits, regional general permits, and programmatic general permits. General permits are not normally developed for an individual applicant, but authorize activities the Corps has identified as being substantially similar in nature and causing only minimal individual and cumulative environmental impacts. General permits may authorize activities in a limited geographic area(e.g., county or state), a particular region of the county(e.g.,group of contiguous states), or the nation.A regional or programmatic general permit is issued by the division or district engineer that has regulatory jurisdiction over the geographic area in which the general permit will be used.The issuance process for a general permit closely parallels the issuance • process for individual permits,with a public notice, opportunity for a public hearing and detailed decision documentation.Activities that qualify for general permit authorization may proceed, provided the terms and 404 PERMIT PROCESS 2 S3 conditions of the general permit are met. However, some general permits may require review of the proposed work by district engineers before the project proponent can begin construction of the project. A nationwide permit is a type of general permit that authorizes activities on a nationwide basis, unless specifically limited through regional conditions or revoked by division or district engineers.The latest reissuance of the nationwide permits was published in the January 15, 2002, issue of the Federal Register (67 FR 2020).This Federal Register notice contains the text of the nationwide permits,as well as the general conditions and definitions. Division engineers can add regional conditions to nationwide permits to restrict their use to ensure that those activities result in minimal adverse environmental effects.You should contact the appropriate Corps district office to determine if there are any regional conditions for the nationwide permits. A regional general permit is a type of general permit that authorizes activities in a particular state or other geographic region. A programmatic general permit is based on an existing state, local or other Federal agency program and designed to avoid duplication with that program. Public Involvement Public involvement plays a central role in the Corps' administration of its regulatory program. The major tools used to interact with the public are public notices and public hearings.The public notice is the primary method of advising all interested parties of a proposed activity for which a permit is sought.The public notice is used to solicit comments and information necessary to evaluate the activity's foreseeable beneficial and detrimental impacts on the public interest. Public notices also contain a statement that any person may request, in writing,that a public hearing be held to provide information for use in the evaluation of the permit application.A public hearing is held when the district engineer determines that a public hearing is necessary to make a decision on a permit application.A public notice is issued to announce the time and date of the public hearing. Any project for which an Environmental Impact Statement(EIS)will be prepared is subject to additional public involvement. The preparation of an EIS is governed by regulations implementing the National Environmental Policy Act.The first stage of EIS development is the scoping process,which is used to identify substantive issues for further study in the EIS.The scoping process begins with the publication of a Notice of Intent to prepare an EIS.The availability of the draft EIS is announced through public notice. The purpose of that public notice is to announce the availability of the draft EIS for public review and to solicit comments on the draft EIS and the proposed work that requires a Corps permit.Also, a public hearing may be requested. The Corps may decide to hold a public hearing when the draft EIS is made available for comment. In those cases,the public hearing announcement will be incorporated into the notice of availability of the draft EIS. When the final EIS has been prepared, a public notice is issued to announce the availability of the final EIS.The record of decision for an EIS cannot be issued until 30 days have passed from the date of the public notice announcing the availability of the final EIS. Public Interest Review The Corps public interest review is the main framework for the overall evaluation of projects.The public interest review requires the careful weighing of all public interest factors relevant to each particular permit application. Thus, one specific factor(e.g.,fish and wildlife values or economics)cannot by itself force a specific decision, but rather the decision represents the net effect of balancing all public interest factors, many of which are frequently in conflict. 404 PERMIT PROCESS 3 54. The public interest review is used to evaluate applications under all authorities administered by the Corps. During the review of a permit application,the Corps evaluates the following public interest review factors: • Conservation • Economics • Aesthetics • General environmental concerns • Wetlands • Historic properties • Fish and wildlife values • Flood hazards • Floodplain values • Land use • Navigation • Shore erosion and accretion • Recreation • Water supply and conservation • Water quality • Energy needs • Safety • Food and fiber production • Mineral needs • Considerations of property ownership • The needs and welfare of the people Section 404(b)(1) Guidelines The Section 404(b)(1)guidelines are the criteria used to evaluate discharges of dredged or fill material into waters of the United States, including jurisdictional wetlands, under Section 404 of the Clean Water Act. A fundamental principle of the Section 404(b)(1)guidelines is that dredged or fill material should not be discharged into wetlands and other waters, unless it can be demonstrated that the discharge will not have unacceptable adverse impacts on those waters. The Section 404(b)(1)guidelines also require the following determinations: (1)the project is the least environmentally damaging practicable alternative, (2)the project will not cause or contribute to the violation of applicable state or Federal laws, such as water quality standards or the Endangered Species Act, (3)the project will not result in significant degradation of waters of the United States, and(4)any appropriate and practicable steps have been taken to minimize the adverse impacts of the project on wetlands and other waters. Compliance With Related Laws Activities that require Corps permits may also require permits or approvals from other Federal,Tribal, state, or local agencies. The Endangered Species Act requires Federal agencies to consult with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, as appropriate, if an activity that requires Federal authorization (such as a Corps permit)may affect endangered or threatened species or critical habitat.As a result of the consultation process,the Corps may add special conditions to the permit to ensure that the activity does not jeopardize endangered or threatened species or destroy or adversely modify critical habitat. The Magnuson-Stevens Fishery Conservation and Management Act requires the identification of Essential Fish Habitat,which is defined as those waters necessary for fish for spawning, breeding,feeding, 404 PERMIT PROCESS 4 55 or growth to maturity.This law requires Federal agencies to consult with the National Marine Fisheries Service and regional Fishery Management Councils on all actions that may adversely affect Essential Fish Habitat.As a result of this consultation, the National Marine Fisheries Service and regional Fishery Management Councils may provide comments and Essential Fish Habitat conservation recommendations. Section 106 of the National Historic Preservation Act requires the Corps to take into account the effects that activities authorized by Department of the Army permits are likely to have on historical properties listed in,or eligible for listing in,the National Register of Historic Places. State Historic Preservation Officers and Tribal Historic Preservation Officers are provided the opportunity to review and comment on all individual permit activities and certain general permit activities.The Advisory Council on Historic Preservation may review certain proposed activities that require a Corps permit. Water Quality Certification Section 401 of the Clean Water Act requires any applicant for a permit for an activity that may result in the discharge of a pollutant into waters of the United States to obtain a certification that the discharge will comply with applicable effluent limitations and water quality standards.Applications for water quality certifications are reviewed by states, Tribes, or the U.S. Environmental Protection Agency.Water quality certifications are required for Corps permits that authorize discharges of dredged or fill materials into waters of the United States. Coastal Zone Management Act Consistency Determinations If the proposed activity is located in the coastal zone of a state with a Coastal Zone Management Program approved by the Secretary of Commerce, Section 307(c)of the Coastal Zone Management Act of 1972, as amended, requires the applicant to furnish a certification that the proposed project is in compliance with the state's approved coastal zone management program.The state's concurrence with the applicant's certification should be obtained prior to the issuance of the Corps permit. Processing Times On average, individual permit decisions are made within two to three months from receipt of a complete application. In emergencies,decisions can be made in a matter of hours or days. Decisions on authorizing. activities by general permits are made within three weeks, on average. Administrative Appeal Process In 1999,the Corps established an administrative appeal process for denied permits and for individual permits that are declined by permit applicants because they do not agree with the permit conditions.The Corps added an administrative appeal process for approved jurisdictional determinations in 2000. • The administrative appeals process provides opportunities for permit applicants and landowners to contest certain decisions made by district engineers,without challenging those decisions in Federal court. Administrative appeals are reviewed at Corps division offices.To request an administrative appeal of a denied permit, a declined individual permit, or an approved jurisdictional determination,the permit applicant or landowner submits a"Request for Appeal"form to the appropriate division office. Third parties cannot request an administrative appeal of a decision made by a district engineer. General permit authorizations, including nationwide permit authorizations, are not subject to the administrative appeal process. Permit Fees Fees are required for most standard permits.The current fee is$10.00 for a standard permit for a non- commercial activity and $100.00 for a standard permit for a commercial or industrial activity.The final 404 PERMIT PROCESS 5 -J/_ decision on the basis of a fee(non-commercial versus commercial)is solely the responsibility of the district engineer. Do not send a fee when you submit an application.When the Corps issues a standard permit, you will be notified and asked to submit the required fee. Fees are not charged for transferring a permit from one property owner to another, for nationwide or regional general permits,for letters of permission,or for permits issued to governmental agencies. TERMS This section provides abridged definitions of commonly used terms that are associated with the Corps' regulatory program. For the complete definitions provided in the Corps'regulations, please refer to the Code of Federal Regulations(33 CFR Parts 320 through 331), contact the Corps regulatory office nearest you,or visit our web site. 404(b)(1)Guidelines(40 CFR Part 230)are the criteria used in evaluating discharges of dredged or fill material into waters of the United States, including jurisdictional wetlands, under Section 404 of the Clean Water Act.The 404(b)(1)guidelines provide procedures used to evaluate the impacts of discharges of dredged or fill material into waters of the United States.These guidelines restrict discharges of dredged or fill material where less environmentally damaging practicable alternatives exist. Activity(les) regulated by the Corps include the construction, modification, or removal of structures and other work(such as dredging)in navigable waters of the United States. Other activities that the Corps regulates include discharges of dredged or fill material into waters of the United States, including jurisdictional wetlands. Alternatives analysis is the process the Corps uses to determine, based upon available information, whether the proposed project is the least environmentally damaging practicable alternative.An alternative is practicable if it is available to the applicant and is capable of being done after considering costs, existing technology, and logistics in light of overall project purposes. Authorization means that specific activities that qualify for a general permit may proceed, provided that the terms and conditions of the general permit are met. Coastal Zone Management Act consistency determination means a finding that an activity that affects land or water uses or natural resources in a state's coastal zone is in compliance or not in compliance with that state's Federally-approved Coastal Zone Management Act Program. (See 33 CFR 330.4(d)(1)and 33 CFR 325.2(b)(2).) Compensatory mitigation means,for the purposes of the Corps regulatory program,the restoration, establishment, enhancement, or protection/maintenance of wetlands and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization have been achieved. Complete application means an application that contains sufficient information to issue a public notice.A complete application contains: • A complete description of the proposed activity, including necessary drawings, sketches, or plans sufficient for public notice(detailed engineering plans and specifications are not required); • The location, purpose, and need for the proposed activity; • Scheduling of the activity; • The names and addresses of adjoining property owners; • The location and dimensions of adjacent structures; and 404 PERMIT PROCESS 6 5 " • A list of authorizations required by other federal, interstate, state, or local agencies for the work, including all approvals received or denials already made. • Corps receipt date means the date the electronic application was received by the Corps district office that will process the permit application. If a paper copy of the permit application is submitted instead of an electronic application,the Corps receipt date is the date the permit application was received by the Corps district office that will process the permit application. Date determined complete means the date on which the Corps determined that the application contained the information required by 33 CFR 325.1(d)(9)for standard permits, General Condition 13 for nationwide permits, or the conditions of regional or programmatic general permits. Date received complete means the date of receipt for all information required by 33 CFR 325.1(d)(9)for standard permits, General Condition 13 for nationwide permits, or the conditions of regional or programmatic general permits. For standard permits,this is the date that starts the 15 day clock for public notices. For nationwide permits, this is the date that starts the 45 day pre-construction notification review period. Date submitted via web means the date the electronic application was received by the Online Permit Application Center. Denied with prejudice means that the request for a Corps permit is denied because the proposed work is contrary to the public interest and/or does not comply with the Section 404(b)(1)guidelines. Denied without prejudice means that the permit applicant can reinstate processing of the permit application if subsequent approval is received from the appropriate Federal, state, or local agency that previously denied authorization. Discharge of dredged material means any addition of dredged material into, including redeposit of dredged material other than incidental fallback within, the waters of the United States. (See 33 CFR 323.2(d) for the complete definition of this term.) Discharge of fill material means the addition of fill material into waters of the United States. (See 33 CFR 323.2(f)for the complete definition of this term.) Dredged material is material that is excavated or dredged from waters of the United States. Fill material means material placed in waters of the United States where the material has the effect of: (1) Replacing any portion of a water of the United States with dry land;or(2)Changing the bottom elevation of any portion of a water of the United States. Examples of such fill material include, but are not limited to: rock, sand, soil, clay, plastics,construction debris,wood chips,overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in the waters of the United States. The term fill material does not include trash or garbage. (See 33 CFR 323.2(e)for the complete definition of this term.) General permit means a Department of the Army authorization that is issued on a nationwide or regional basis for a category or categories of activities that are substantially similar in nature and cause only minimal individual or cumulative environmental impacts.A general permit can be issued on a nationwide, regional, or programmatic basis. High tide line is a line or mark left upon a tidal flat, a beach, or along the shore that indicates the intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined by tidal gages, physical markings or characteristics,vegetation lines, a more or less continuous deposit of fine shell or debris on the foreshore or berm, or other suitable means such as a line of oil or scum along the shore that delineate the general height reached by a rising tide.The term 404 PERMIT PROCESS includes spring high tides and other high tides that occur with periodic frequency, but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Incidental fallback is the redeposit of small volumes of dredged material that is incidental to excavation activity in waters of the United States when such material falls back to substantially the same place as the initial removal. Examples of incidental fallback include soil that is disturbed when dirt is shoveled and the back-spill that comes off a bucket when such small volume of soil or dirt falls into substantially the same place from which it was initially removed.(See 33 CFR 323.2(d)(2)(ii)for the complete definition of this term.) Individual permit means a standard permit ora letter of permission. Jurisdictional determination means a written Corps determination that a wetland and/or waterbody is subject to regulatory jurisdiction under Section 404 of the Clean Water Act or a written determination that a waterbody is subject to regulatory jurisdiction under Sections 9 or 10 of the Rivers and Harbors Act of 1899. (See 33 CFR 331.2 for the complete definition of this term.) Letters of permission are a type of permit issued through an abbreviated processing procedure which includes coordination with Federal and state fish and wildlife agencies, as required by the Fish and Wildlife Coordination Act, and a public interest evaluation, but without the publishing of an individual public notice.A letter of permission cannot be used to authorize the transportation of dredged material for the purpose of dumping it in ocean waters. Mitigation means avoiding, minimizing, rectifying, reducing, or compensating for resource losses. Nationwide permits are a type of general permit issued by the Chief of Engineers to authorize,with little delay or paperwork, activities across the country that have minimal adverse environmental impacts. Navigable waters of the United States are those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high water line and/or those waters that are presently used, or have been used in the past or may be susceptible to use for interstate or foreign commerce. These are waters that are navigable in the traditional sense. Permits are required in these waters pursuant to Section 10 of the Rivers and Harbors Act.This term should not be confused with the term"waters of the United States",which is defined below. Ordinary high water line,with respect to non-tidal waters, is the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed upon the bank, shelving,changes in the character of soil, destruction of terrestrial vegetation,the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Pre-application meeting is a meeting between Corps staff and a potential permit applicant and/or agent regarding a proposed activity within the Corps regulatory jurisdiction.The meeting may also involve representatives of Federal and state resource agencies. The meeting may involve discussions of jurisdiction, practicable alternatives, environmental documents, National Environmental Policy Act procedures, and mitigation. Such meetings often benefit the applicant by providing useful information which could prevent delays during permit evaluation. For dredging permits, a pre-application meeting may facilitate the process by determining what, if any, sediment testing may be required. Pre-construction notification means advance notification to be submitted to a district engineer, so that the district engineer can determine whether the proposed work qualifies for nationwide permit authorization(see General Condition 13 of the nationwide permits). 404 PERMIT PROCESS 8 �� Programmatic general permits are a type of general permit founded on an existing state, local, or other Federal agency program and are designed to avoid duplication with that program. Public hearings are held to acquire additional information in connection with a permit application.The Corps may conduct a hearing or participate in joint public hearings with other Federal or state agencies. In addition, any person may request a public hearing in writing during the comment period specified in the public notice. Specific reasons must be given as to the need for a hearing. Public hearings are held at times and places that are convenient for the interested public.A public hearing is occasionally needed to complete the decision process. Public interest review refers to the evaluation of a proposed activity to determine whether issuance of the permit is in the public interest. Expected benefits are balanced against reasonably foreseeable detriments. All relevant public interest factors are weighed. The Corps policy is to provide each applicant with a timely and carefully weighed decision which reflects the public interest. Public notice is the primary method of advising interested public agencies and private parties of a proposed activity. The public notice is used to solicit comments and information necessary to evaluate the probable impacts of the project on the public interest. Upon request,the Corps will add anyone's name to the distribution list to receive public notices. Regional permit(or regional general permit)means a type of general permit issued by a division or district engineer after public notice and comment. If the public interest so requires,the division or district engineer may condition the regional permit to require a case-by-case reporting and acknowledgment system. However, no separate applications or other authorization documents will be required. Standard permit means a permit that has been processed through the public interest review procedures, including public notice and receipt of comments. Tidal waters are those waters that rise and fall in a predictable and measurable rhythm or cycle due to gravitational pulls of the moon and sun.Tidal waters end where the rise and fall of the water surface can no longer be practicably measured in a predictable rhythm due to masking by hydrologic,wind,or other effects. Water quality certification means that a state,Tribe,or the Environmental Protection Agency has issued or waived a Clean Water Act Section 401 water quality certification for an activity that involves discharges of dredged or fill material into waters of the United States. If water quality certification is denied, the Corps permit is denied without prejudice. Waters of the United States is a broader term than"navigable waters of the United States,"which is defined above.This term includes navigable waters and all their tributaries, adjacent wetlands and other waters or wetlands where degradation or destruction could affect interstate or foreign commerce. Permits are required for the discharge of dredged or fill material in these waters pursuant to Section 404 of the Clean Water Act. Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration to support, and that under normal circumstances support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 404 PERMIT PROCESS 9 (61° 10/5/2017 Omaha District>Missions>Regulatory Program>Permitting Program 014",-; :V:S.1 4Po .u 4 ;5+14'4 OMAHA DISTRICT US Army Corps of Engineers search Omaha District ABOUT (BUSINESS U111TI I US MISSIONS LOCATIONS CAREERS MEDIA LIBRARY CONTACT PUOTECTiVE DESIGN CENTER SECURITY ENGINEERING TRAINING NOME>MISSIONS>REGULATORY PROGRAM>PERMITTING PROGRAM Permitting Program ... Permitting Program Corps Links Regional General Permits The purpose of the Section 404 program is to ensure that the physical, Regulatory Program ,. Post-Flood Permitting biological,and chemical quality of our Water Resources Dev.Act ... nation's water is protected from Regulatory Resources ... Irresponsible and unregulated Mitigation Information discharges of dredged or fill material Nationwide Permits ... that could permanently alter or Permit Application .. Environmental Impact Statements destroy these valuable resources. USDA Wetland Guidance ... You are encouraged to contact the National Notices ... Corps prior to undertaking any District Wide Public Notices activities In waters of the United Federal Regulations States. Waters of the US ... Regulatory Exemptions,nationwide,regional and Jurisdictional Information & Permitting individual permit requirements will be r'i i.i ',rj b F <';i<, ��I� �'i ,;;i<_�r;,r:1 reviewed.By discussing all Regulatory Guidance Letters information prior to application submittal,your application will be Customer Survey ... processed more efficiently.An official Contacting the Corps .. determination as to the need for a Department of the Army permit will be provided upon request. Collapse All Expand All E Activities Requiring Permits Section 404 of the Clean Water Act requires approval prior to discharging dredged or fill material into waters of the United States,including wetlands. Typical projects that may Include activities that require Section 404 permits are: • Disposal of dredged or fill material. • Residential,commercial,or recreational developments. • Erosion control projects such as revetments,jettys,groins,and breakwaters. • Flood control projects such as levees,dams,and weirs. • Fish and wildlife habitat improvement projects such as instream boulders and ponds. • Linear projects such as roads,pipelines,electrical cables,and, telecommunication cables, • Obtaining Permits Any person or entity(including federal,state,and local government agencies) planning to work in waters of the United States,or dump or place dredged or fill material in waters of the United States,must first obtain a permit from the Corps of Engineers.Permits,licenses,variances,or similar authorization may also be required by other federal,state and local statutes. • Definition of Waters of the United States The term"waters of the United States"has been broadly defined by statute, regulation,and judicial interpretation to include all waters that were,are,or could be used in Interstate commerce such as interstate lakes and rivers as well as intrastate lakes,rivers,streams(including ephemeral streams),mudflats, wetlands,sloughs,prairie potholes,playa lakes,and ponds. "Wetlands"are areas characterized by growth of wetland vegetation(bulrush, cattails,rushes,sedges,willows,pickleweed,andiodine bush)where the soil is saturated during a portion of the growing season or the surface Is flooded during some part of most years.Wetlands generally Include swamps,marshes,bogs, and similar areas. OMAHA PERMIT REQUIREMENTS http://www.nwo.usace.army.mil/Missions/Regulatory-Program/Permitting-Program/ 1/2 10/5/2017 Omaha District>Missions>Regulatory Program>Permitting Program The landward regulatory limit for waters(in the absence of adjacent wetlands)is the ordinary high water mark.The ordinary high water mark is the line on the shores established by the fluctuations of water and Indicated by physical characteristics such as: • a clear natural erosion line impressed on the bank; • changes in the character of the soil; • destruction of terrestial vegetation due to inundation; • the presence of litter and debris; • stain marks on rocks or bridge piers; • orother appropriate means that consider flow characteristics of the stream. B Nationwide Permits Nationwide permits are generally the simplest form authorization for categories of activities that are similar In nature and that have minor environmental impacts.These permits are valid only if the proposed activities comply with all the terms and conditions of the permit.If the conditions cannot be met,a regional or individual permit is required.Detailed descriptions of the nationwide permits can be found from the home page. B General Permits General permits are Issued by the District Engineer for categories of activities when: • the activities are similar in nature and cause minimal environmental impact (both individually and cumulatively),and • the permit reduces duplication of regulatory control by other State and Federal agencies. El Individual Permits Individual permits are issued following a full public interest review of an Individual application for a Department of the Army permit.A 30-day public notice Is distributed to all known interested persons,Including all adjacent landowners and the local newspaper.After evaluating all comments and information received,final decision on the application is made. The permit decision is generally based on the outcome of a public interest balancing process where the benefits of the project are balanced against the detriments.A permit cannot be issued if the proposal is found to be contrary to the public Interest. Processing time usually takes 60 to 120 days unless a public hearing or Environmental Impact Statement Is required. To apply for an individual permit,an application form(ENG FORM 4345)must be submitted. p You Can Help 11u*e • SHARP �� You eel to, IWI"r� .,w, Tube Accessibility Link Disclaimer Site Map Contact Us No Fear Act USA.gov FOIA Privacy&Security Information Quality Act Public Inquiries OMAHA PERMIT REQUIREMENTS http://www.nwo.usace.army.millMissions/Regulatory-Program/Permitting-Program/ t02L 2/2 • 10/5/2017 Exemptions to Permit Requirements I Section 404 of the Clean Water Act:Permitting Discharges of Dredge or Fill Material I US EPA We've made some changes to EPA.gov.If the information y93.1 are looking for is not here,you may be able to find it on the EPA Web Archive or the January 19,2017 Web Snapshot. LIERAIrminA�fitry Ul Reaeer7an Exemptions to Permit Requirements In general, Section 404 of the Clean Water Act requires permits for the discharge of dredged or fill material into waters of the United States, including wetlands. However,certain activities are exempt from permit requirements under Section 404(f)(1). Activities Exempt under the Clean Water Act,Section 404(f)(1) • Established(ongoing)farming,ranching, and silviculture activities such as plowing, seeding,cultivating,minor drainage,harvesting for the production of food, fiber,and forest products,or upland soil and water conservation practices • Maintenance(but not construction)of drainage ditches • Construction and maintenance of irrigation ditches • Construction and maintenance of farm or stock ponds • Construction and maintenance of farm and forest roads, in accordance with best management practices • Maintenance of structures such as dams, dikes,and levees Exemptions You do not generally need a permit under Section 404 if your discharges of dredged or fill material are associated with normal farming,ranching, or silviculture activities such as plowing, cultivating,minor drainage, and harvesting for the production of food, fiber, and forest products or upland soil and water conservation practices. This exemption pertains to "normal farming" and harvesting activities that are part of an established,ongoing farming or forestry operation. Activities Not Exempt If an activity listed above as exempt represents a new use of the water, and the activity would result in a reduction in reach or impairment offlow or circulation of regulated waters, including wetlands, the activity is not exempt.Both conditions must be met in order for the activity to be considered non-exempt. In general,any discharge of dredged or fill material associated with an activity that converts a wetland to upland is not exempt and requires a Section 404 permit. Examples 404 PERMIT EXEMPTIONS https://www.epa.gov/cwa-404/exemptions-permit-requirements �� 1/2 10/5/2017 Exemptions to Permit Requirements I Section 404 of the Clean Water Act:Permitting Discharges of Dredge or Fill Material I US EPA • Activities that bring a wetland into farm production where the wetland has not previously been used for farming are not considered part of an established operation,and therefore require a permit. • Introduction of a new cultivation technique such as discing between crop rows for weed control may be a new farming activity, but because the farm operation is ongoing, the activity is exempt from permit requirements under Section 404. • Planting different crops as part of an established rotation, such as soybeans to rice, is exempt. • Discharges associated with ongoing rotations of rice and crawfish production are exempt. To find out whether specific activities are exempt, contact your local Corps District office or EPA regional office. LAST UPDATED ON MARCH 28,2017 404 PERMIT EXEMPTIONS https://www.epa.gov/cwa-404/exemptions-permit-requirements yZ Flood Insurance Map at Project Location. From Nebraska Department of Natural Resources website. tr " C 0 https://prodmaps2.ne.gov/Htm15DNR/index.html?viewer=tiny floodplain Floodplain Interactive Map ist,Officiai P,ebraska Government Website t -.-„- - r Map Tools R ''',z° :;.3 _ y i 1 {i % Y . M i t . {may} 1 '' F/LL/ - ti J� r. Y ' of l (/+/(' 'r x:iN-. , r .., I �l�1' i:tiF it x l.• - t— i. R ..i tl ., -----..:--...-..` �� n v :' 7 � �.Ytxxxrunc+� irl s:I�rAr��t 9 c ' , a-- 1 l ty . . !P}l i Potential �t '" ' ' �� ,P Location of r . ' • !,,-',1,....:.•-;,^,t'crossing I ."-.`:-.:'-'.',7,...:.-!.:--c,•;:•..;,:-...-.1 �, ■ ■ ■ ■ ■ ■ Y 4i =�,,, _ f ` i I I'_ • I ' � R ■ r` r � ,,r ' ■ 5 4 F + II hk t !t .. .- r Iw r rw.w� 11 Base Map IA ma i ... o.zmi rW 01 f J i W5 APPENDIX #5 Optional Low Water Crossing Driving Surface COMMON SENSE 5 wain rtcsawcas Enynccnng (ip Low-Water Crossing Design & Use of Articulated Concrete Block by Barrie King, P.E. MIM MI `, lorrallrilkts D E k ,„.,„ / •....••••••..._ ie•<, , ... . .. .. 0 li1 • &i : *. wrw irios 0 . ,. i 1, 1 '77NEV\IS,' i IX° I • IN • : ; 'fb. .. 1410, •. .1 clre %..• .• Ir4,....-...•....•••••� _..., it14 H 0 utS ....--,.,♦ _aim ...,..... ....... `•„oi November 2012 ►�NTECH" ENGINEERED SOLUTIONS (11 Professional Development Series LD l P w ce . Low-Water Crossing Design frac yEWS.i ` &Use of Articulated Concrete Block `.:�::.�ou ... by Barrie King, P.E. When properly designed, an Articulated of erosion control armoring and as a flexible roadway Concrete Block, also called ACB, low-water surface. crossing can provide a hydraulically-robust load-bearing system while also facilitating Load-bearing subgrade design fast-paced design and construction schedules. This article The first step with any vehicular loading design is to focuses on the three critical design elements of a successful determine the load to which the roadway will be subjected. low-water crossing project: design and construction of the This will depend on what kind of vehicle and associated load-bearing subgrade, hydraulic stability of the crossing wheel loads that will be traveling on the system, as well and its surroundings, and the use of articulated concrete as the frequency of use. Roadway section design is a well- block as a flexible roadway surface. established civil engineering practice which enables loading There are thousands of roadways providing back-country characteristics and standard loading sections to be applied access across the North American continent where existing to low-water crossings.The most common vehicular loading drainage structures, such as bridges or culverts, are in need used for low-water crossings design is AASHTO HS 20-44. of replacement. In addition,roads continually are being built As with most vehicular load or bearing capacity designs, to provide access to new sites for recreational development the strength of site soils defines the thickness of the recom- and commercial expansion for which drainage structures are mended section beneath the armoring or traveling surface required.Access roads in need of drainage remediation both layer.Standard AASHTO design tables should be used when- new and old often are located in rural areas with relatively ever practical to determine the section beneath the articu- low traffic volume making low-water crossings a viable and lated concrete block(References 1). cost-effective option to consider. AASHTO design criteria are sometimes difficult to imple- The Natural Resources Conservation Service (NRCS) in ment for a project due to remote site locations, availability its "Conservation Practice Standard for Stream Crossings" of construction materials and the like. In these cases, design (References 5), defines a low-water crossing as"a stabilized engineers must understand that the intent is to assure that area or structure constructed across a stream to provide a the section is firm and unyielding when subjected to the travel way for people, livestock, equipment or vehicles". design load and make their decisions accordingly, exercis- This article focuses on equipment or vehicular loading as it ing engineering judgment. Examples of such non-standard relates to the use of articulated concrete block mattresses loadings would be all-terrain vehicle trails or logging/mining in low-water crossing designs. These designs consist of roads which are subjected to significantly more or less than a properly-designed subgrade to support the anticipated the standard HS 20-44 loading. In low-water crossing appli- loads, and articulated concrete block mattresses installed cations,the articulated concrete block veneer is subjected to for erosion control and sized for hydraulic stability. The crushing only and cannot be assumed to benefit or improve articulated concrete block mattresses serve a dual purpose the site soils to assist with the design load. Instructions Learning Objectives The Professional Development Series is a unique oppor- After reading this article you should be able to: tunity to earn continuing education credit at no cost to • Identify the key design elements for a low-water crossing. you by reading specially focused,sponsored articles. • Characterize the hydraulic environment to appropriately After reviewing the learning objectives below, read the specify and armor low-water crossing limits. Professional Development Series article and complete the • Utilize best practices for low impact development(LID). quiz online at www.ContechES.com/PDH-11-12.Quiz • Select an appropriate articulated concrete block (ACB) answers will be graded automatically and,if you answer at for a flexible roadway surface and for hydraulic stability. least 80 percent of the questions correctly,you can imme- diately download a certificate of completion and will be awarded 1.0 professional development hour (equivalent to 0.1 continuing education unit in most states). Note:Zweig White is an Approved Provider by the American Institute of Architects' Continuing Education System (AIA/ Professional Development Series Sponsor CES).However,itis the responsibility of the licensee to deter- mine if this method of continuing education meets his or her C ►ANT ECHC governing board(s)of registration's requirements. ENGINEERED SOLUTIONS 41› 2 PDH Professional Development Advertising Section—Contech Engineered Solutions Low-Water Crossing Design&Use of Articulated Concrete Block .> ="''\•. yo�pi.D,F,;�l�t+ ;.$fit NEWS•J Designers can estimate soil bearing capacities based on Best mana ement ractices '!• • d•••••••••••••>, a myriad of soil testing,inspection and applied engineering Designers should implement best manage- '~-,--------. judgment. ,—=.---- judgment.The NRCS has three basic classifications for site ment practices (BMPs) when working around soils based on effective stress analysis: well to moderately streams. The first BMP emphasizes minimal environmental drained soil, somewhat poorly drained soil and poorly impact. In proposed low-water crossing design, the most drained soil. favorable or optimal alignment is having the structure Another method for determining the roadway section oriented 90°to the centerline of the channel(perpendicular beneath the articulated concrete block system is the to the flow direction).This exposes the structure to the least California Bearing Ratio (CBR) technique to determine soil amount of flowing water. Designers should strive to hold strength in the field. For example, as seen in Figure 3 and this favorable design requirement when practical as it relates Table 1,section thicknesses beneath the articulated concrete to low impact development (LID) construction and intru- block system can vary with respect to the CBR value of the sion. However, skewed crossings are commonly encoun- site soils. These values can be reduced with the use of a tered,especially when replacing a pre-existing structure. reinforcing material such as a high-strength geotextile or The general layout for a low-water crossing is commonly geogrid material, reducing the overall section thickness and predetermined as the approach width and alignment are required excavation. somewhat dictated by the existing out-of-stream roadway CBR 1 2 3 4 5 dimensions and grade. Another BMP involves the general location of the structure within the stream. Unlike existing UNREINFORCED STONE stream crossings where the plan form has been determined THICKNESS,H(in.) 61 31 20 15 11 previously, new low-water crossings such as expanded federal and state park roads, fire trails, commercial logging REINFORCED STONE trails or recreational roads,can utilize BMPs. THICKNESS,H(in.)" 36 16 8 8 8 When designing a low-water crossing, the structure should conform to the site's profile as much as possible. A Note:This section is developed assuming designer should emphasize details such as keeping the top 1,000 passes of HET military loading. elevation of the driving surface level with the surrounding •2layers ofTYPE 1 GEOGRID at subgrade and middle of drainage box. natural bed,thus minimizing potential obstacles.Any signif- icant changes to the general bed form can change the local Table 1:Thickness of a low-water crossing section In Shannon County, Missouri,an ArmorFlex®mat was installed at the low-water crossing of County Road 401 over Mahan Creek near the Ozarks.The original crossing consisted only of a natural stream gravel bed, meaning contin- uous road repairs after flooding and safety concerns for local residents.An articulated concrete block mattress solu- tion allowed for improved stability at the crossing for local residents,while not impeding the passage of stream animals. 5 1 •i - i AS 9 4 .,l,,a r "t�'i ,1\ ,I ISI"y ?' • • ,i,,m,t., ,r7,' i'1: •IlVt.',7-t- Photo 1: Installation of interlocking mats to form a Photo 2: Completed installation provides a stable mattress in the low-water ford. low-water crossing. 0 Professional Development Advertising Section—Contech Engineered Solutions PDH 3 "``iLow-Water Crossing Design&Use of Articulated Concrete Block ce\ ,r,. tip•1,N�l�/�,i 3 • �A 1 Maximum Ex._,te0 •i,dam•. �.•'•,?:r `11g 'a: Cava. 110110 flow regime, having `'>�t,.�.� an undesirable effect on I % aquatic organisms. Q Following these BMPs will assist the ` ; designer to integrate the low-water A I u •= ; a�, A crossing structure harmoniously into g'arm;:r:;11llaatw"ttu=9erm.....enn Drained. iiiiM limiii Il-AIiiuL 7(] :_tINfi iiiimiiA� i` Drained. the surroundingenvironment while Stabilized , 1111, �y,I9r. rte,^ail Road eurfae° •�II'^n/Ul♦��46111.01 • ;� Ye1■1�11■l�i■i Sldbiuxad addressing the remaining critical ques- SINMS ISSIMIN . allMailMinin�� Road-7;1;m tions: - • What design width should I use? v --- 0 • How steep should I design the 1; a '' i low-water crossing approaches? :,._m . c ' • How high up on the banksc6 U ' `� – 3 r (approaches)do I need to armor? / • How do I terminate the system I to mitigate potential scour? I Armed Ford Driving Surface a. Drained, Low-water crossing geometry and armor Stabilked Road II ( Maximum Expected ,. 21 limits Surface . !e' Occasional High Water Level • Drained, Typical stabilized and armored 44 Lav Water Keep Driving 8uriaceaaclose to ,..4 Stabilized Road low-water crossing dimensions - Lever Stream Channel Bottom as possible Surface have general travel lane guidelines, "+"",'! !711.14 o –,;,,,_� '"""'::""" dictated by the approaching roadway `' .`r;;. ' •"~= lane widths. Surrounding topogra- Road Surface Armoring Natural Stream phy and vegetative growth also can (Concrete,Rock,Gabions,etc.) Channel Bottom prove to be factors when determin- ing the cross-sectional dimensions of Figure 1:Top illustrates a Plan's design components for a trapezoidal channel • with low-water crossing limits; Bottom rendering details the view of the Plan proposed low-water crossings. section from A to A. (.USDA Forest Service, References 6) According to NRCS Code 560 (References 5), the overall exposed width of a one- are directly related to the design event flowing through the lane crossing including 2-foot shoulders is 14 feet. For section (see Figure 1). As a result, this common channel two-lane traffic, the minimum width including 2-foot hydraulic analysis can also be used to determine the size shoulders is 20 feet.These general guidelines result in (thickness)of the articulated concrete block system used for tread widths of 10 feet for one-way traffic and 16 feet the low-water crossings structure. When analyzing cross- for two-way traffic. When a one-lane low-water cross- sectional flow areas for armoring limits, guidelines used by ing design is required, it is recommended the roadway the United States Forest Service (References 6) define the before the low-water crossing approaches be widened recommended armoring as the wetted perimeter plus one- by 10 feet to allow for safer access into and out of the foot minimum freeboard(see Figure 1). stream.The NRCS standards can be used as a basis for Maintaining stream stability specifically involves address- designers utilizing engineering judgment when facing ing possible scour beneath the proposed structure or any unique site challenges outside of the recommended adjacent bank erosion or excessive deposition.While scour standards. depths can be calculated based on d50 size of the bed load Low-water crossing approach dimensions are signif- and stream velocity, it is often impractical to perform an icant as they will define the overall exposed travel- extensive scour analysis on a low-water crossing. During ing length for the vehicles using the structure. The pre-design, the engineer should inspect upstream and designer can choose from two basic geometric designs downstream of the proposed low-water crossing for indica- to define grades of the approach slopes. The first tors of bankfull discharge, natural or man-made obstruc- and most common is matching existing channel cross tions and measures of the scour depths associated to the sectional dimensions (i.e. approach slopes, bed width, stream. These measured depths should be incorporated side slopes, etc.).The second is to employ a maximum into the armoring limits and terminations of the structure, approach grade no steeper than 4H:1 V, which gener- which will essentially function as a cut-off wall countermea- ally can be assumed geotechnically stable with even sure for scour.The completed low-water crossing should be poorly drained, low strength soil types (References 5). inspected following a design event to verify that appropri- The approach limits,into and out of the low-water crossing, ate embedment depths have been realized. 4 PDH Professional Development Advertising Section—Contech Engineered Solutions 1O Low-Water Crossing Design &Use of Articulated Concrete Block pL DF:,, ^Q ! r ', - 0 NEWS; ---- _ ,•avut ""* i '`'HOURS "'.° cm p„.k. "° �>4 -- -- °'°""b"°�' value is associated directly with the cross- --,,,,„.„,--- -RN Nan.—. W 4 g't Frntld. Butler sectional limits of the armor and robustness of P a.m. "T'°•` the armoring. How this design discharge is determined _ ry a, :.a'lc.,,,�p«k..,, a„�„„ varies from place to place, depending on the site loca- L- _ J_ , -1 GIPPNii- -) r tion and/or owner of the stream. Owners or agen- 0.-.. .10,-1.- ,--1„..m„,1.- B. I k„k ” 1_ _ cies usually have drainage areas well defined within their _1- --- REI610N111 _. . _ _ - '-..—_.--I--ask geographic boundaries. SM„F7101 OUMb O.M. Fd lover au.Nek b.. kk..kn Gldet �`•....„ ISM, l ti 1{r A good example of this is the state of Iowa,which uses the ..._..—.�..-1- ...L._._ --`.... www °°""'""„ J mairE I•..T ,M. K..wk ~,„,„ _.• drainage area and return exceedence values to determine J 1 1-1-, �""" daily design discharge(See Figure 2).This is shown as Q = kkk M"'., ,Won,-.1m •aux. lu... M. '•• lanuk �'-•• 2 - --- ^' aAb, where Q, is the design discharge in cubic feet related .7.C......0 ,,M„ """°tl a.,. M . a a I.L„�-- to an exceedence probability(e) and A is the drainage area �� in square miles which is either a known value or can be estimated using U.S. Geological Survey(USGS) quadrangle Iowa Daily Design Discharge Guides maps. Iowa provides additional guidance by including three ReglonI Region II Region III regions to account for changes in topography that define e a b e a b e a b the state and their corresponding values for a and b,derived 50% 0,17 1.05 50% 0.06 1.09 50% 0.015 1.24 from historical daily discharge data (see Figure 2). While 25% 0.52 1.01 25% 0.24 1.06 25% 0.040 1.25 most stream design directly relates to yearly flow exceedence 10% 1.37 0.98 10% 0.91 1.00 10% 0.150 1.19 5% 2.58 0.96 5% 2.26 0.95 5% 0.330 1.15 (Q2, Q,00, Q500,etc.),deciding which design event to use to 2% 6.78 50 0.90 350 0.85 2% 3.560 0. develop the overall site geometry and limits of the armoring Figure 2: Daily design discharge guides for low-water system, is a process that has many schools of thought that stream crossings in Iowa(Iowa Highway Research Board, vary from state to state; and occasionally within the state References 4) itself. Local design codes and standards always should be investigated. Hydraulic stability and block sizing Because scour is a primary design variable in proposed and Inherently, any attempt to manage stream stability existing crossings,it is usual practice for the armoring system,in can prove to be a challenging task. According to the this case articulated concrete block,to be analyzed with respect U.S. Forest Service, stream stability can be defined as to highest velocity and shear forces resulting from design the capacity of a stream or channel to transport its discharges. These flows commonly are associated with more water and sediment inputs without changing its dimen- frequent return intervals(Q2,Q5).In these more common flows, sions, such as width, depth, cross-sectional area and taiiwater effects can prove minimal or non-existent,allowing for slope (References 6).The amount of effort to effectively increased velocity as the primary design parameter. determine stream hydraulics can be extensive, and it is common for federal and state agencies to have clas- sification worksheets. Stream types include perennial, intermittent and ephemeral as defined below: ACB MATTRESS • Perennial: Flowing water in well-defined channel 4111W 90%of the time • Intermittent: Flowingwater 50%of the time uu � ri� �,�rilkol • Ephemeral: Flowing water for short duration after 2-1�2"MINUS ��I��.�OiliK " % severe storms in an undefined channel ANGULAR 'w�'��' � �y��' �� DRAINING STONE Classifying the type of stream assists the designer to exer- WITH NO FINES COMPACTED SUBGRADE else engineering judgment addressing how conservative to GEOGRID TYPE 1 make the low-water crossing design. Stream characteristics SITE-SPECIFIC GEOTEXTILE — such as the Manning's roughness coefficient, drainage area and design discharge—also are included in the agency worksheets. As with any design, any additional information made available to the designer will allow for a more efficient Figure 3:Example of detail for aloes-water crossing section and possibly less expensive project. Determining the design discharge is crucial as this 11 Professional Development Advertising Section—Contech Engineered Solutions PDH S Np^^,t pQQFb;, Low-Water Crossing Design&Use of Articulated Concrete Block NEWS:f+,, '�vyouas y`. '. .. ❑ :a ei• , For online access to all CE News PDH articles, visit http://continuingeducation. zweigwhite.com However, using these return intervals might not adequately define the physical limits in need of armoring.With regard to cross-sectional geometry,discharges with lower storm frequencies(Q50, Q,o0, Qsoo)dictate increased flow depths consequen- tially increasing the armoring limits for the approaches. Once the overall channel hydraulics and site geometry have been addressed,designing articulated concrete block systems for low-water crossings can be divided into two separate and straight-forward design tasks. In low-water crossing applications,articulated concrete block can be defined as an "overlay"with known hydraulic capa- bilities. Having the proposed/existing geometry(limits)with known hydraulics and vehicular loading scenarios addressed, articulated concrete block factor of safety analysis for hydraulic stability is employed to adequately determine the thickness and block footprint of the system.Articulated concrete block thicknesses across various applications typically range from 4.75 to 8.5 inches.A 6-inch articulated concrete block unit is a common default thickness for vehicular loading,with thicker blocks required to address more severe hydraulic forces acting on the system. Hydraulic analysis for articulated concrete block has well-established factor of safety methodology based on full-scale testing to determine the hydraulic capability of that particular system.For the articulated concrete block products,even subtle differences in overall shape,cross section and minor block details can result in very different acceptable shear and velocity thresholds.Because of these differences,it is highly recommended designers ask for these values and test reports from the articulated concrete block producers being considered for the project.Further information on the articulated concrete block system and how it is designed, may be found in"Articulated Concrete Block Design",another technical article developed for the PDH program and found by visiting continuingeducation.zweigwhite.com(References 2). Conclusion Low-water crossings armored with articulating concrete blocks present a low-cost solution for drainage structure require- ments for remote access or low-volume traffic,drainage remediation and new site development.When utilizing design best management practices and low impact development techniques, low-water crossings can be integrated harmoniously into the surrounding environment while maintaining low life-cycle maintenance costs. As in all roadways, the most critical element is to properly evaluate and design an adequate subgrade to support the anticipated loads. Second, selecting an appropriately-sized articulated concrete block to withstand the known or estimated hydraulic forces and serve as the flexible surface of the roadway,will assure the longevity of the structure. Proper terminations and toe-ins are required to integrate the structure into the surrounding environment while protecting the edges of the system from scour and erosion. References and Resources 1.American Association of State Highway and Transportation Officials(AASHTO),AASHTO Guide for Design of Pavement Structures,Fourth Edition, 1993. 2.Contech Engineered Solutions:Bryan Scholl,Christopher Thornton,Ph.D., P.E.and Barrie King,"Articulated Concrete Block Design,"CE News, August 2010.<www.ContechES.com/PDH> 3.Federal Highway Association(FHWA), Bridge Scour and Stream Instability Countermeasures:Experience,Selection and Design Guidance, Third Edition, Volume 2,Hydraulic Engineering Circular No.23,FHWA-NHI-09-112, 2009.<www.fhwa.dot,gov/bridge/hydpub.htm> 4.Iowa Highway Research Board,Low-Water Stream Crossings in Iowa:A Selection and Design Guide,2003. 5.Natural Resources Conservation Service(NRCS), Conservation Practice Standard for Stream Crossings,NE-T.G.No.578,Notice 635,Section IV, December 2011. 6.U.S.Department of Agriculture(USDA),Forest Service,Low-Water Crossings:Geomorphic,Biological and Engineering Design Considerations,0625 1808-SDTDC,October 2006. Barrie King,P.E.,is Product Specialist for Armortec®hard armor product line for Contech Engineered Solutions.Prior to joining Contech in 2006. he was a structural engineer for the City of Cincinnati and Virginia Department of Transportation.He served as an ASTM D18 committee member, and is a member of ASCE.Contact him at hking@conteches.com. 6 PDH Professional Development Advertising Section—Contech Engineered Solutions . , , ' _ COMPLETE HARD ARMOR SOLUTIONS ., , .., W fr1� 1 0 Q y r 0,„....,,..„„„,,,, 2 i Y�.,. '��, ° 14 ��4, DIY z?foj 11 ti " dkt -- ,,,,,,,,,,,y.1k �: ,,t,, r i T) y J F , .t Y cc , e , 1 / .y� t Contech® Engineered Solutions is the only nationwide manufacturer that can truly deliver on the promise of single source, provider. Easy and \ cost-effective to install,Armortec®engineered erosion control solutions offer the highest performing vegetated hard armor systems available.ArmorFlex®, , • A-Jacks® and ArmorLoc® offer you a complete family of environmentally- friendly erosion control solutions. To learn more about Contech's Amortec ��►�NT,ECH products, call 1-800-338-1122, or visit www.ContechES.com. ENGINEERED SOLUTIONS -z, TbiMovvCw's Eytvi►piuW.itc EltiNttrt t. k 1 , 5/7/2020 Google Earth _ . L y , // ,, ,. - 4� - • / \ ', ( .... i ., ,-- m\ , , , y �.Q .._: .2,.i Q e cn 4444444+ • L 1 I / d /I \ '4 \.4 r 3 co T---). d 2 r. c, U 44 i 44 .e" '''''.4( , li g' 2D dtri - r 0 100% Camera:4,239 m 40°24'49"N 98°26'58"W 565 m https//earth.google,00m/web/@40.41775096,-98.44802069,564.12793867a,4498.09784572d,36y,0.00000001h,35.23648027t,-0r 1/1 FILED BY I LC1.1',x /i � 11111 III' i' RIO I III IIS RgURN T.O t .,///1'i7ff 11,4 . . Aiii•AAS COUNTY, 110, �'a� ' -:•,r,iI. FILED FEF A :o . - ' NUM 9 sir • 1!151,N20023719 #/ossa 63z RD.COMP.2C. %o4� '02 JUL 19 P�11 39 eacuvaaaar woo o . COINRARy a}• entioro Pa1.a.x:� CADAS, w AO' &owIt ,. o SEt415TER OF DEEB DEE ( F DISTRIBTTTIONBY PERSONAL REPRESENTATIVE RONALD D. STRASBURG,Personal Representative of the Estate of WIT 1 IAM M. STRASBURG,SR.,Deceased,GRANTOR,pursuant to appointment 6y the County Court ofAdams County, Nebraska, conveys and Teleases to RONALD D. STRASBURG and MAXINE STRA.SBURG,husband and wife,GRANTEES,the following described real estate(as defined in Neb,Rev.Stat.76-201): The Northwest Quarter(NW/4)of Section Nine(9),Township Five(5),Range Ten (10),West of the 6th P.M.,Adams County,Nebraska; and • The Northeast Quarter(NE/4)of Section Thirty-five(35),Township Six(6),Range Eleven(11),West of the 6th P.M.,Adams County,Nebraska;; subject to easements,reservations,covenants and restrictions of record. GRANTOR has determined that the GRANTEES are the persons entitled to distribution of the real estate from said estate, GRANTOR covenants with GRANTEES that GRANTOR has legal power and lawful authority to convey the same, , EXECUTED: F ,2002. • ESTATE OF WILLIAM M.STRASBURG,SR, Deceased '&171444°' tiltd-4-6144:41.. RONALD D.STRASBURG, Personal Representative STATE OF NEBRASKA ) )ss: COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me o 2002,by RONALD D.STRASBURG,Personal Repress 1 •=• .' - : tate o L M STRASBURG, SR..,Deceased. 400 .110 fAi Notary Public t F+onNOtldd straFISHER s ru M,C ral tip Ma:i2,20g3 1:31333 S • ,JiFIMPGS- ._a ��pp • I�N� 1ADAMS f FILED NE Doc rax 11111111 FEES f3.C2 PD't3:Sa4—Oxo 1/2�}f. zot2sua NST.NO.2 •i 14 OHG ACCr#. RET FEES: Date la-th-Iarrie `fit PLS _,..,�{.,RO.D,CK�... . RECD 'S hsu . n „ _it as ...A-_i. S RETURNI?h.h6-Iw '�„"�',',',,',`'� �--•• l,„+.a_ REGISTER OF DEEDS qq4.�.}}NEBRASKA 1-01:t1 DIZOMENTARY STAMP NUM 9-s-tQ aa-t,z-41 RO.COMPS IA Y.." • p.�t�•-t..laey ElN1 �p ppp .►.s1 fiR.�j„t" Exanipt'_J5 CA y ikCOMP..E8.t— • .Atter recording,return to: Ok RA fZO David H.Fisher • DUNM1R$,FISHER&HASTINGS PO Box 1044 ' Hastings NE 68902-1044 • DEED OF DISTRIBUTION BY • PERSONAL REPRESENTATIVE MAXINE A.STRASBURG,Personal Representative of the Estate of Ronald D.Strasburg, Sr.,Deceased,pursuant to appointment by the County Court'of Adams County,Nebraska,GRANTOR, ' conveys and releases to MAXINE A. STRASBURG, Trustee of the Ronald D. Strasburg Testamentary Trust,GRANTEE,the following described real estate(as defined in Neb..Rev.Slat §76- 201): SEE EXHIBIT"A"ATTACHED HERETO subject to easements and restrictions of record. GRANTOR has determined that the GRANTEE is the person entitled to distribution of the real estate from said estate. GRANTOR covenants with GRANTEE that GRANTOR has legal power and lawful authority to convey and releasee a same. EXECUTED �2012. sem JL•�� L ' M et A.ST' SBURi R•resentative of the ' of Ronald D. Stras.um.•Sr.,Deceased. STATE OF NEBRASKA ) ) ss: • COUNTY OF ADAMS The foregoing instrument was acknowledged before me on it)a.u.44. j,R .3 O, 2012, by MAXINE A.STRASBURG,Personal Representative o the Estate f gonald D.Strasburg,Sr., . GLuz./3/11<Y. Notary Public • vtt n 1oi 1 y 20125114 EXHIBIT"A" t Undivided one-half('/a) interest in and to the Northwest Quarter (NW/4) of Section Nine (9), • Township Five(5)North,Range Ten(10)West of the 6th P.M.,Adams County,Nebraska 2 Undivided one-half(%a)interest in and to the Northeast Quarter(NE/4)of Section Thirty-five(35), Township Six(6)North,Range Eleven(11)West of the 6th P.M.,Adams County,Nebraska 3 Undivided one-sixth(1/6)interest in and to the Southwest Quarter(SW/4)and the West Half of the Southeast Quarter(W/2 SE/4),excepting that part used for State Highway right of way purposes,and excepting Roseland Bulk Plant Subdivision,Section Thirty-six(36),Township Six(6) North,Range Eleven(11)West of the 6th P.M.,Adams County,Nebraska 4 An undivided one-sixth(1/6)interest in and to the Southeast Quarter(SE/4),excepting that part used for Railroad right of way and State Highway right of way purposes, Section Twenty-two (22), Township Six(6)North,Range Eleven(11)West of the 6th P.M.,Adams County,Nebraska 5 An undivided one-sixth(1/6)interest in and to the East Half of the Southeast Quarter(E/2 SE/4)of Section Thirty-six(36),Township Six(6)North,Range Eleven(11)West of the 6th P.M.,Adams County,Nebraska EXCEPT the South Sixty(S 605 Feet thereof 6 An undivided one-eighth (1/8) of the South Half of the Southwest Quarter (S/2 SW/4), except Railroad right of way and tract deeded to Adams County,Nebraska, of Section Twenty-two (22), Township Six(6)North,Range Eleven(11)West of the 6th P.M.,Adams County,Nebraska 7 An undivided one-half(%a)interest in and to the North Half of the Northeast Quarter(14/2 NE/4)of Section Ten(10),Township Five(5)North,Range Eleven(11)West of the 6th P.M., Silver Lake Township,Adams County,Nebraska. 8 An undivided one-half(%a)interest in and to the East Half of the Southwest Quarter(E/2 SW/4)of Section Twenty-seven (27), Township Six (6) North, Range Eleven (11) West of the 6th P.M., Adams County,Nebraska. N • .24 • • • • • • 7 Law Offices of CONWAY,, PAULEY& JOHNSON, P. C. Douglas G.Pauley* Scott D.Pauley Joshua A.Johnson James D.Conway(1903-1990) Chris A.Johnson(1958-2017) Joan E. Coble,Paralegal MeloniA.Esser,Paralegal *Also Admitted in Colorado JIastinas office: $enesaw office: 906 West Second Street 401 N.Smith Ave. P.D.Box 315 Kenesaw,NE 88956 Hastings,NE 68902-0316 Telephone:(402)762-3277 Telephone:(402)462-5187 FAX:(402)462.6007 iiahnson@hastingslaw.com .Reply to Hastings office September 5, 2019 Julie D. Rippen Credit Trust Craig L. Rippen Revocable Trust c/o David B. Rippen c/o Craig L. Rippen 410 Golden Valley Drive 1591 Rocking Horse Drive Henderson, NV 89002 Henderson, NV 89002 Dear Sirs: As you know, this office represents Maxine A. Strasburg, individually, and Maxine A. Strasburg in her capacity as the Trustee of the Ronald D. Strasburg Testamentary Trust, hereinafter referred to as "our clients". Our clients are the owners of the farm ground located immediately to the West of the following described real estate, owned by you in Adams County, Nebraska: The Northeast Quarter (NE 1/4) of Section Nine (9), Township Five (5) North, Range Ten (10) West of the 6th P.M., Adams County, Nebraska, EXCEPT Railroad Right-of-Way and FURTHER EXCEPTING a tract of land conveyed to the State of Nebraska in Book 319, Page 131; I am again writing you this letter to inquire whether you would be interested in permitting our clients to purchase an Easement for access to an isolated portion of their land that is cut off by the Little Blue River. We previously discussed access for my clients on the phone, but it has been a few months since I have heard from you. Our clients used to access this isolated land by way of a private road through the quarter located directly south of their property. However, in 2013 when this land was purchased by the current owner, Mr. Gregg Lay, he denied them any further access. Our clients had been utilising this private road to access this isolated piece of land for over 40 years. s. : Julie D. Rippen Credit Trust Craig L. Rippen Revocable Trust September 5, 2019 Page Two --- If you would be willing to discuss the possibility of our clients purchasing an Easement across your property, please contact my office at your earliest convenience. Thank you. Respectfully, CONWAY, PAULEY &JOHNSON, P. C. By011--ifir , Joshua A. Johnson/me cc: Maxine Strasburg Mr Johnson, after a great deal of thought and talking with my brother, here is what we will propose for access on our Ayr farm.First off it will be your clients total responsibility to bare the cost of the putting the road into her property. The location of the road will be the full and complete decision by myself and my brother. After reviewing the loss of crop for cutting this road thru the farm here are the terms: We feel that we will lose appox 3 1/2 acres of crops. Based on past history of the farm we would be losing appox 927 bushels of corn each year. Putting corn at a price of $4.75 per bushel it would cost your client $4,403.00 per year for this access. We would be willing to give her this access for 3 years. At the end of three years both parties can review this proposal and renogotiate terms. During the three year period if your client decides to sell her 40 acre farm we would have first option to purchase her farm. If we cannot come to a agreement on the purchase then the access will be null and void after the three year agreement.It is further understood that any damage to our crops caused by your clients equipment and access use will be your clients responsibility to pay for this damage at the same rate as contained in this agreement. Lastly we would like your clients permission to hunt her 40 acre farm. Your thoughts. Thanks. trL°111 (Aral ktflaell v a-9ac�� Law Offices of CONWAY- PAULEY& JOHNSON, P. C. Douglas G.Pauley* Scott D.Pauley Joshua A.Johnson James D. Conway(1903-19) Chris A.Johnson(1958-2017) Joan E Coble,Paralegal Melon A.Esser,Paralegal *Also Admitted in Colorado Hastings a84ce: Kenesaw office: 906 West Second Street 401 N.Smith Ave. P.O.Boz 316 Xenesaw,NE 68956 Hastings,NE 68902-0315 Telephone:(402)752-3277 Telephone:(402)462-5187 FAX::(402)462-5007 iiohnsoon(Ihastingslaw.com Reply to Hastings office September 5, 2019 Mr. and Mrs. Loyal E. Smith Ms. Mary A. Smith c/o Amy Elliot c/o Amy Elliot 301 N. Main, Ste. 110 301 N. Main, Ste. 110 Newton, KS 67114 Newton, KS 67114 Dear Mr. and Mrs. Smith: As you know, this office represents Maxine A. Strasburg, individually, and Maxine A. Strasburg in her capacity as the Trustee of the Ronald D, Strasburg Testamentary Trust, hereinafter referred to as "our clients". Our clients are the owners of the farm ground located immediately to the Northwest of the following described real estate, owned by you in Adams County, Nebraska: The Southeast Quarter (SE/4) of Section Nine (9), Township Five (5) North, Range Ten (10), West of the 6th P.M., Adams County, Nebraska, EXCEPT for a tract of land more particularly described as follows: Beginning at the Southeast corner of said Quarter Section; thence Northerly a distance of 2637.83 feet along the East line of said Quarter Section; thence Westerly deflecting 89 degrees, 49 minutes left, a distance of 69.34 feet along the North line of said Quarter Section; thence Southerly deflecting 89 degrees, 55 minutes left, a distance of 2637.58 feet; thence Easterly deflecting 69 degrees, 54 minutes left, a distance of 80.85 feet along the South line of said Quarter Section to the Point of Beginning, and further excepting existing railroad right-of-way as shown in the Deed recorded December 2, 1878, in Book 5, Page 133. 6,141 11, 4 < .r Mr. and Mrs. Loyal E. Smith Ms. Mary A. Smith September 5, 2019 Page Two --- I am again writing you this letter to inquire whether you would be interested in permitting our clients to purchase an Easement for access to an isolated portion of their land that is cut off by the Little Blue River. Our clients used to access this isolated land by way of a private road through the quarter located directly south of their property. However, in 2013 when this land was purchased by the current owner, Mr. Gregg Lay, he denied them any further access. Our clients had been utilizing this private road to access this isolated piece of land for over 40 years. If you would be willing to discuss the possibility of our clients purchasing an Easement across your property, please contact my office at your earliest convenience. Thank you. Respectfully, CONWAY, PAULEY &JOHNSON, P. C. By 111111r, Joshua A. Johnson/me # 40/ cc: Maxine Strasburg Z Law Offices of CONWAY, PAULEY& JOHNSON, P. C. Douglas G.Pauley* Scott D.Pauley Joshua A.Johnson James D.Conway(1903.1990) Chris A.Johnson 0958-201?) Joan E Coble,Paralegal Meloni A.Esser,Paralegal *Also Admitted in Colorado Hastings office: Kenesawoffice 906 West Second Street 401 N.Smith Ave. P O.Box 315 Xenesaw,NE 68956 Hastings,NE 68902-0315 Telephone:(402)752-8277 Telephone:(402)462-5187 FAX:(402)462.6007 /iohnsonahastingslaw.com • Reply to Hastings office • September 5, 2019 Mr. Gregg R. Lay 611 North Shore Drive Hastings, NE 68901 Dear Mr. Lay: As you know, this office represents Maxine A. Strasburg, individually, and Maxine A. Strasburg in her capacity as the Trustee of the Ronald D. Strasburg Testamentary Trust, hereinafter referred to as "our clients". I am again writing you this letter to inquire whether you would be interested in permitting our clients to purchase an Easement for access to an isolated portion of land that is cut off by the Little Blue River. As you know, our clients used to access this isolated land by way of a private road through your property. If you would be willing to discuss the possibility of Ms. Strasburg purchasing an Easement across your property for access to the isolated portion of land, please contact my office at your earliest convenience. Thank you. Respectfully, CONWAY, PAULEY 85 JOHNSON, P. C. By Joshua A. Johnson/me cc: Maxine Strasburg f O\ OLSSON .® ASSOCIATES March 6,2014 • MEMO Overnight PO Box 315 Regular Mail Hastings,NE 68902-0315 Hand Deliveryal 9 x Other;email ATTN: Joshua Johnson RE: Strasburg Bridge Investigation—Ayr,Nebraska Yr F OA Project 014-0445 Mr.Johnson, Per our discussion and email correspondence,below is a summary of proposed bridge construction at the project site.The site is to be considered a bridge spanning the Little Blue River,in Adams County South of Ayr,Nebraska— 40°24'59"N 98°27'20'W(Figure 1).It has been assumed that the bridge would be owned and maintained by the county.As such,current design and construction standards will be in accordance with AASHTO LRFD Bridge Design Specifications.As understood,the structure would carry a local road and would be hydraulic in nature,requiring hydraulic and hydrological analysis. • The above mentioned LRFD Code states that waterway crossings,or hydraulic structure crossings will require assessments of the following: • The hydrologic and hydraulic characteristics of the waterway and its floodplain,including channel stability, flood history; • The effect of the proposed bridge on flood flow patterns and the resulting scour potential at bridge foundations; • The potential for creating new or augmenting existing flood hazards;and • Environmental impacts on the waterway and its floodplain. These assessments will consider the Little Blue River and associated floodplain. A bridge at this site,along with associated approaches would need to be located and designed in accordance with local floodplain management's requirements,Including: • Prevention or uneconomic,hazardous,or incompatible use and development of floodplains(not increasing the risk within the floodplain); • Avoidance of significant transverse and longitudinal encroachments into the channel; • Consistency with the intent of the standards and criteria of the National Flood Insurance Program • Long-term aggradation or degradation;and • Commitments made to obtain environmental approvals. What this means is that the bridge construction should not adversely affect the flow within the channel and the containing floodplain,This takes the form of a minimum span length and minimum low chord elevation required to not impact the channel adversely.Channel re-grading in this area would be extremely detrimental to the downstream and upstream flow,resulting in changes in course and channel destabilization. The channel capacity will be Impacted by the placement of a bridge unless the open area of the bridge matches the current channel cross-sectional area.If the open area of the new bridge is lesser than existing conditions,the water surface elevation could be increased upstream of the new bridge.A higher water surface elevation could potentially cause the stream to overtop the banks and cause localized flooding.This increased flood elevation would prompt a modification to the base flood elevation through the Federal Emergency Management Agency(FEMA). 111 Lincoln Mal, Sue 111 ph 402.474.631 1 L'ncolr, NE 68603 fax 402.474 5160 nlssorassoriates_co, S' The current channel most likely has established a stable meander with areas of erosion and areas of sedimentation. When a structure is placed within a channel system,additional areas of erosion or sedimentation can occur.This can cause the channel to change direction and to significant erosion along one side of the bank or the other.The velocity of the channel will be Increased through the bridge which may create large,deep scour holes near the bridge. If a longer bridge is proposed to increase the necessary open area,the channel banks may be greatly impacted to adjust to the longer span.This may include widening of the channel on both the upstream and downstream of the bridge.The velocity of the channel in this case may be decreased which can begin to create large sediment deposit and block the flow paths. The environmental Impact of the bridge shall be considered and be in compliance with state water laws;federal and state regulations concerning encroachment on floodplains,fish and wildlife habitats;and the provisions of the National Flood Insurance Program. Impacts include those to local communities,historic sites,wetlands,and other aesthetically,environmentally,and ecologically sensitive areas.Potential changes to stream geomorphology, consequences of river scour,removal of embankment stabilizing vegetation,among others shall be considered.This involves evaluating the waterway,the potential for aggradation,degradation,or lateral migration.By Initial Inspection, it appears there are wetlands in the area which would require a substantial environmental permitting process. A subsurface Investigation would need to be conducted Including borings and tests,in order to provide sufficient information for the design of substructure units.It is anticipated that the site consists of sandy loam. It can be presumed that any bridge at these conditions would require deep pile foundations,steel or timber beams driven into the supporting soil anywhere from forty to sixty feet. When considering potential span lengths,a longer bridge will have a greater associated cost,but potentially a lesser impact to the channel and.environmental impacts.Alternatively,a shorter bridge length will have detrimental impacts to the Little Blue River and associated floodplain. Considering the site and available topographic mapping,a bridge which limits environmental and hydrological impacts would have a total length of approximately 280 feet.This value is preliminary in nature and would be subject to results of analyses discussed above,It is anticipated that this is the span length required in accordance with the requirements of necessary environmental and hydrological Investigations.For practical and comparison purposes, the bridge will presume to carry two lanes of traffic,resulting in a total width of approximately 26 feet.There is potential to move the bridge upstream to reduce the span length,however there is a greater potential for required soil fill and impacts to the floodplain, If steel construction was chosen,the bridge would be approximately 6 spans,resulting in 2 end abutments,and 5 intermediate pile bent supports,which will extend into the channel.The preliminary construction cost estimate would be approximately$500,000. Concrete construction could potentially allow for greater spans,greater long-term performance and a reduction in substructure construction(channel impacts).The preliminary construction cost estimate would be approximately $620,000. The costs should be considered preliminary in nature and subject to change,They have considered the configuration described within and current costs of similar construction.Both would require significant hydrological/hydraulic and environmental Investigations and permitting. • 1111 LInccln Ma'1, Sua`e 111 ph 4'12.474.6311 L:ncoir, NE 685(.8 fax. 402 474 5160 o[sscnassociates.co T 2 I / ' . ,/ , ¢;) N Figure 1.Project Site Vl(41. tf r. y/- ;. 'R .. 44Ot8 S ijtt` 7, OF 11 Ross Barron,P.E. Olsson Associates 1111 Lincoln M1aI. Suite 111 ph.:-102.474.6311 Lincoln. NE 68508 fax 402.474 5160 olssonassocates.com 9 Mr.Josh Johnson May 31,2020 Attorney at Law Conway,Palley&Johnson P.C. 906 W.2nd Street,Suite 206 Hastings,NE 68901 Subject:Access Road for Isolated Strasburg Parcel, Dear Mr.Johnson This letter is in response to your request for an engineering opinion on the best access route to an isolated piece of property at approximately SE Quarter of the NW' of Section 9,Township 5,Range 10. I visited the property and further explored it on Google Earth,through the County GIS web map and the USGS topo map. Some general observations and deductions are as follows: 1. The irregular somewhat triangular shape property is bounded on the northwest by the Little Blue River,on the south by a farm irrigated with a center pivot and on the east by a gravity irrigated farm. To the east of the gravity irrigated farm is a single railroad track owned by the Burlington Northern. 2. The railroad and the river restrict the access options. The only access that avoids those restrictions is from the south and since the center pivot is directly south it would have to be along the east side or the west side of the pivot. Access over the railroad would be possible if an existing crossing were utilized or relocated. I only looked at this briefly as it seemed an unlikely alternative. See NORTH ROUTE PROFILE. 3. See WEST ROUTE PROFILE image. a) The access from the west side of the pivot would be along the edge of the river tree line. b) This route is relatively level until it gets to the isolated property where it drops into the flood zone. This access is adjacent to the river and on the low end of the pivot farm field. It would grading and most likely a culvert at a low spot. 4. See EAST ROUTE PROFILE image. a) The access from the east side would be on the property line between a dryland fann and the center pivot farm. This is a quarter section line and would be the shortest route. b) This access is upon a hillside but the topography is rolling and there is a fairly substantial drainage channel running through the route. This would require a drainage study and a drainage plan that would most likely require a substantial structure. I believe the east route would provide the best access route. It is the shortest route,is on a shared property line and would be the most all weather route if properly constructed. It could also provide public access to the NE''/if the railroad crossing to it were closed. Sincerely, W DESIGN AS OCIA ES 44e Consulting Engineers and Arc i'tects Steven W.Wolford,P.E. 2626 West 2nd Street Hastings,Nebraska68901 "' T • a `. Phone 402463--2377 �( U Fax Fax 402-463-2378 1 DR r:4',,,4..Y-.-let L I "'�', IS4'JJ I .an.i I iI II' I�Il I-r I. 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