Pigeon Creek Watershed Development Commission Meeting and Work Plan Public Hearing - October 26, 2026

The Pigeon Creek Watershed Development Commission met on Monday, October 26, 2026, beginning at 10:01 a.m. for its regular meeting and then convening a public hearing at 11:00 a.m. on the draft Pigeon Creek Flood Damage Reduction and Drainage Management Work Plan. The regular meeting included approval of financial and software actions, adoption of administrative rules, and public comment. The work plan hearing ended at 12:03 p.m.

Consent Calendar

• The board approved the consent agenda by voice vote, including claims paid and the treasurer's report.

Action Items

• United Fidelity CD investments: Two certificates of deposit mature on November 14, 2026, before the next scheduled board meeting on November 16, 2026. The board authorized the executive director to research market rates and combine the two CDs if beneficial.
• ArcGIS Pro license: Because county IT service changes will end the current license arrangement, the board authorized purchase of an ArcGIS Pro creator license at $700 per year through Esri.
• Aerial photography inspections: Bids were requested from five companies; only Frontier Geospatial submitted a bid. The board approved accepting the single bid after the November 2 deadline if no additional bids arrive. If other bids are received, the award will be reconsidered at the November 16 meeting.

Public Comments & Testimony

• Bella Foster (Indiana DNR Division of Water): Announced that DNR has not yet named an interim replacement for resigned board member Christy Johnson. She offered herself as a contact and said DNR is working on an interim appointment.
• Norm Miller (Warrick County resident): Raised concerns about the former AMAX AshR coal slurry impoundment, identified by IDNR as Dam No. 8713. He cited historical records describing approximately 22 million cubic yards of slurry/impoundment capacity, a September 22, 2025 public warning by the Warrick County Surveyor, and a September 25, 2025 IDNR notice of opportunity to correct. He asked whether the commission or its consultants had evaluated the impoundment as a downstream flooding, sediment, or water quality risk; whether existing studies could trace drainage pathways; and how the commission could coordinate with Warrick County and IDNR. He also posed technical questions to Burke Engineering about inspection sources, monitoring, emergency action planning, and whether the final report would name the dam. Board members responded that the commission lacks jurisdiction over dams and over Warrick County because Warrick has not joined the commission; they directed him to Warrick County and DNR, and reiterated that Warrick County joining would enable future work. Miller disputed that the matter had been resolved, citing missing monitoring and lack of response to records requests.
• Tim Mosley (Warrick County retired farmer): Said he farms land along Pigeon Creek near Stevenson Station and supported much of the work plan, especially debris removal. He described historical floods in 1961 and 1964, current no-till and cover crop practices, and a large recurring log jam at Stevenson Station Road that floods farmland and prevents crop insurance. He expressed frustration that Warrick County commissioners have not joined the commission. Board members acknowledged past debris removal efforts, the need to look upstream and at the whole watershed, and the commission's new authority within the 75-foot right-of-way. A consultant also mentioned NRCS wetland reserve easement programs for frequently flooded fields.

Discussion Items

• Administrative rules: Attorney Craig Imig presented draft administrative rules modeled on state law. They establish the commission's purpose, scope, legal basis for enforcement, enforcement categories, appointment of an enforcement officer, notice and hearing procedures under the Administrative Procedures Act, and judicial review. The rules would apply to work within the channel and the 75-foot right-of-way, including bank stabilization, tree removal, sand traps, channel reconstruction, sediment removal, and levee access roads. The board discussed that the commission has no fine or general permitting authority and that enforcement ultimately would rely on civil lawsuit if administrative orders are ignored. Following discussion, the board voted to adopt the rules as presented and directed the attorney to develop the detailed forms, deadlines, and procedures, using drainage board procedures where practical, and to assign a resolution number.
• Draft Pigeon Creek Work Plan: Dave Eichelberger and Beth Clarizia of Christopher Burke Engineering, with input from Butler Fairman Seifert and Indiana University Indianapolis, presented the draft flood damage reduction and drainage management work plan. Eichelberger reviewed the history: the watershed covers about 370 square miles; formation began in 2023; the commission was established by the Indiana Natural Resources Commission in September 2024; and the work plan is a statutory requirement. Clarizia explained the causes of flooding: increased rainfall intensity, faster drainage from the upper watershed due to tile drainage and channel modifications, erodible soils, sediment deposition in the flatter lower reaches, reduced soil infiltration, development in floodplains, and Ohio River backwater. The study process included review of prior data, an online survey of 63 stakeholders, with 15 online responses and 2 email submissions, creek floats, field visits in all three counties, and a previous public meeting. Recommendations included detention storage, soil health practices, edge-of-field buffers and wetlands, bridge and culvert evaluations, debris removal, stream gauges, annual and post-flood aerial imagery, a public GIS reporting tool, flood resilience planning, flood response plans, and stormwater ordinance coordination. The plan is intended as a living document and includes schedules and cost estimates. Eichelberger noted the commission has already begun implementing stream gauge installation and UAV monitoring.
• Other old business: Staff reported that the on-call woody debris service contract remains preliminary, with a future field meeting planned. The 2027 meeting dates were confirmed with the Building Authority and will be posted as a public document and on the commission website.

Key Outcomes

• Approved the CD investment authorization, ArcGIS Pro license purchase, and conditional single aerial photography bid by voice votes.
• Adopted the administrative rules by voice vote; directed the attorney to draft implementing procedures and forms and assign a resolution number.
• Confirmed and will publish 2027 meeting dates.
• Received public testimony on the draft work plan; no vote was taken on the work plan at the public hearing.
• Burke Engineering will deliver the final work plan within about two weeks, in time for the November 16, 2026 board meeting, where the board will consider adoption.