1. Elm River snagging/clearing resolution

Public Hearing/Elm River Project--August 30,2005 1 NORTH CASS WATER RESOURCE BOARD/CASS COUNTY COMMISSION PUBLIC HEARING AT THE PAGE AUDITORIUM, PAGE, NORTH DAKOTA AUGUST 30,2005 AT 8:00 AM 1. CALL TO ORDER The meeting was called to order by the North Cass Water Resource Managers at 8:00 AM in the Page Auditorium at Page, North Dakota. The following North Cass Water Resource Board members were present: Chairman Michael Buringrud, who presided over the meeting; Robert Thompson and Wesley Ecker. Also present representing the water resource board were Attorney Sean Fredricks and Engineer Jeff Volk. The following Cass County Commissioners were present: Chairman Darrell Vanyo, Commissioners Ken Pawluk and Scott Wagner. Also present representing Cass County Government were Michael Montplaisir, County Auditor, and Joyce Schepp, Administrative Assistant. Commissioners Robyn Sorum and Vern Bennett were absent. About 25 property owners were in attendance. 2. SCOPE OF WORK Mr. Volk prepared a hand-out for everyone in attendance today containing information on the proposed Elm River Snagging and Clearing Project #1, including the scope of work and the requirements for special assessments for snagging and clearing projects, according to North Dakota Century Code 61-16,1-09.1. He gave an overview of the process and referred to a map of the proposed watershed and assessment boundary. Mr. Volk said the project will consist of snagging, clearing and maintenance of the Elm River in Cass County from the north line of Section 4 in Page Township upstream along the Elm River to the Cass County Highway 26 channel crossing in Section 32 of Page Township. The costs for any project under the above-referenced statute must be under $100,000. Mr. Volk said the estimated local cost to be paid from the assessment district is $77,000, and the water resource managers will consider applying for $18,000 from the North Dakota State Water Commission's cost-sharing program, once the district is approved. He estimated it will take six years to cover the debt. 3. PUBLIC HEARING OPENED At this time, Mr. Buringrud opened the public hearing and invited comments from the audience. Questions and comments from landowners included a timeline for the project; the process to follow if there is more work to be done and a second project is needed; concerns about the time and cost of hauling the debris away if the U.S. Army Corps of Engineers becomes involved; and the urgent need to begin the channel cleaning this fall. There was discussion among commissioners, water resource managers, Attorney Fredricks and Engineer Volk about a legal interpretation on the anticipated six-year pay- off of the first project; and the possible start date of a second assessment district, if one is needed to complete the work. Mr. Fredricks took a conservative view and suggested the water board would have to wait until all assessments are paid before a new district could be created. County commissioners suggested that State's Attorney Birch Burdick seek an attorney general's opinion on the issue.