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Metro Flood Diversion Authority—May 3, 2018 2 <br />Priorities for 2018-2019 <br />The priorities for the Diversion Authority are to resolve the litigation; obtain the necessary permits for North Dakota and Minnesota, including environmental clearances from the Corps of Engineers and MN DNR; complete Phase 1 of the Flowage Easement Valuation Study; and <br />continue in-town construction projects. 5. CORPS OF ENGINEERS ACTIVITIES REPORT <br />Colonel Calkins provided an update on activities. He said funding in the FY18 work plan will be used for engineering and environmental analysis of changes proposed in Plan B. He said the St. Paul District will prepare a Supplemental Environmental Assessment (SEA) for the project changes and impacts to the public. Col. Calkins said regular communication continues with the MN DNR including weekly and bi-weekly meetings. Survey markers will be permanently placed beginning this month for geomorphic monitoring with fieldwork anticipated to begin in the late summer. He said the Corps sent letters to affected landowners last month to let them know about the work to be done. 6. COMMUNICATIONS FROM MN DNR Ms. Williams said a letter was sent from the MN DNR to the Metro Flood Diversion Authority <br />confirming the receipt of the permit application for Plan B. In addition, the MN DNR determined that because of the substantial changes to the project, a Supplemental Environmental Impact Statement (SEIS) is needed prior to making a decision on the permit application. <br /> <br />DNR SEIS Income Agreement Attorney John Shockley said a cost share agreement has been drafted to complete the SEIS <br />with the term of the contract from May 3, 2018, through December 31, 2018 at a cost of $445,489.00. He recommends the board approve the agreement today to begin the work as soon as possible. <br /> The Finance Committee has not reviewed or approved the agreement. However, Mr. Grindberg said it is important to move forward on the SEIS process. He would like the SEIS to be done before the end of the year and suggested a deadline of November 1st for it to be completed. MOTION, passed Mr. Campbell moved and Mr. Grindberg seconded to enter into an income agreement with the Minnesota Department of Natural Resources to prepare a Supplemental Environmental Impact Statement. On roll call vote, the motion carried unanimously. 7. LITIGATION STATUS UPDATE <br />Mr. Shockley provided an update on three ongoing matters related to the lawsuits filed by the Richland-Wilkin Joint Powers Authority. This week Federal Judge John Tunheim ruled that work on the OHB ring levee and in-town levees may continue. The MN DNR did not object to work <br />continuing on the two projects. 8. RECESS <br />The board recessed at 2:50 PM for a short break. 9. RECONVENED The board reconvened at 3:05 PM. 10. OXBOW LOT SALES & MAINTENANCE AGREEMENT Michael Redlinger, Co-Executive Director and Assistant Fargo City Administrator, said last week the Diversion Board reviewed an amendment to the Oxbow Memorandum of Understanding