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<br />2 <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 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 N 1/2 of <br />Section 25 in Cornell Township under any blanket easements, or otherwise <br />beyond the Water District’s existing easement(s). <br /> <br />5. Applicant must apply for an amendment to Subsurface Water Management <br />Permit No. 202212 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 />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 Itterman <br />Family Trust to install and maintain the tile project in the N 1/2 of Section 25 <br />of Cornell Township. <br /> <br />2. The Board recommends that Applicant obtain all other necessary and <br />requisite licenses, permits, registrations, and/or approvals from all <br />applicable federal, state, county, and municipal governments, and any other <br />applicable governmental entities. <br /> <br />The Board will provide copies of the Board’s Notice of Decision, Subsurface Water <br />Management Permit No. 202212, and Applicant’s downstream flow map to the North <br />Dakota Department of Water Resources, Itterman Family Trust, and Cass Rural Water <br />Users District. Applicant’s detailed project design map is an exempt record, and the <br />Board will not provide copies to any third parties. <br /> <br />Application to Install a Subsurface Water Management System No. 202213 for Buhr <br />Farms, Inc. in all of Section 19 in Ayr Township and the E 1/2 of Section 24 in Cornell <br />Township <br />The Board next reviewed Application to Install a Subsurface Water Management System <br />No. 202213, filed July 12, 2022, by Applicant Buhr Farms, Inc. Under the Application, <br />Applicant seeks to install a 533-acre drain tile system in all of Section 19 in Ayr Township