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<br />8 <br /> <br />3. Applicant must turn off any pump outlets and otherwise close all outlets <br />during “critical flood periods,” as determined by the Maple River Water <br />Resource District. <br /> <br />4. Applicant will remove silt or vegetation, or repair erosion or scour damages <br />directly caused by Applicant’s tile system, but only up to one mile <br />downstream from the project outlet. <br /> <br />5. Applicant will not install Applicant’s tile system within 20 feet, on either side, <br />of any rural water lines Cass Rural Water Users District has in the SW 1/4 <br />of Section 33 in Raymond Township under any blanket easements, or <br />otherwise beyond the Water Users District’s existing easement(s). <br /> <br />6. Applicant must apply for an amendment to Subsurface Water Management <br />Permit No. 202210 in advance of any proposed alterations to outlet <br />locations, the addition of any outlets, or improvements or modifications to <br />the tile system that could increase the capacity or drainage area of the tile <br />system. <br /> <br />Upon roll call vote, the motion carried unanimously. <br /> <br />With regard to condition #4, Applicant’s obligations to remove silt or vegetation, or to <br />repair erosion or scour damages, will only arise upon submission of substantial evidence <br />to the Board by a downstream landowner or road authority that Applicant’s tile system <br />directly caused accumulation of silt or vegetation, erosion, or scouring. <br /> <br />Under Section 61-32-03.1, the Board cannot attach any additional conditions to <br />Applicant’s permit. However, for Applicant’s protection, and to ensure protection of <br />Applicant’s tile system, the Board will recommend that Applicant comply with the <br />following: <br /> <br />1. The Board recommends that Applicant obtain written consent from the Cass <br />County Highway Department to discharge into or otherwise utilize any of its <br />Highway 10 right of way. <br /> <br />2. The Board recommends that Applicant obtain written consent from the <br />Raymond Township Board of Township Supervisors or the <br />Mapleton Township Board of Township Supervisors to discharge into or <br />otherwise utilize any of their respective road right of way. <br /> <br />3. The Board recommends that Applicant obtain written consent from BNSF <br />Railway Company to discharge into or otherwise utilize any of its railroad <br />right of way. <br /> <br />