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28 <br /> <br />violates section 1962-3. Under that law, the projectmust avoid the unwise use of floodplains <br />and flood-prone areas and minimize adverse impacts and vulnerabilities. <br /> <br />7. Apply Sound Engineering Concepts Designed to Minimize Impacts. DNR should be <br />applying the concepts described by engineer Anderson: <br /> <br />a. Implement a major system of coordinated distributed storage throughout the basin. <br />(achieves approximately 2 feet reduction in peak flow) <br /> <br />b. Move the North Dakota Alignment East <br /> <br />c. Reduce tributary crossings <br /> <br />d. Redesign the dikework and structures along the channel to restrict inflows from the <br />tributaries and allow water to enter the floodplain area on the west side <br /> <br />e. Alter the configuration so flood protection follows the edge of the developed area as <br />close as practical. <br /> <br />f. Provide an understandable operating plan that can be modelled. <br /> <br />8. Use Distributed Storage: During deliberations, some have advocated that distributed storage <br />should exclusively be used to mitigate floodwaters not caused by the project instead of <br />mitigating excess flood water from the Fargo area. This is a false dichotomy. Distributed <br />storage properly placed in watersheds tributary to the Red River will accomplish both objectives <br />and reduce peak flows by two feet. Given any project design, the peak flows on the Red below <br />Fargo will be two feet lower with distributed storage than without. <br /> <br />9. Use Federal Funding Available under WRRDA to leverage state funding for distributed <br />storage. The reluctance to consider distributed storage stems from the misperception by <br />Diversion Authority that project opponents have advanced distributed storage as a standalone <br />solution. JPA sees distributed storage as a project enhancer that will significantly reduce project <br />impacts and benefit the entire basin in Minnesota. If distributed storage accompanies this <br />project, it becomes eligible for WRRDA funding that will benefit the entire basin and could <br />trigger a major commitment of state bonding dollars to support the basin wide improvements <br />that would then flow from the project. As modified, the project could offer significant benefits <br />to Minnesota. <br /> <br />10. Involve all parties in Examination of the Operating Plan. The operating plan is a critical <br />component of any flood control project. Stakeholders cannot understand the impact of the <br />project without understanding the operating plan. <br /> <br />11. Develop Dialog on the Takings and Compensation Implications of the Project. A major <br />flaw in the project as submitted to the DNR is that it failed to provide a defensible realistic <br />approach to takings. <br />