2022-08-16
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2022-08-16
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6 <br /> <br />3. Applicant will re-establish any areas disturbed installing or maintaining <br />Applicant’s tile system. <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 NW 1/4 <br />of Section 30 in Hunter Township under any blanket easements, or <br />otherwise beyond the Water Users District’s existing easement(s). <br /> <br />5. 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 />6. Applicant must apply for an amendment to Subsurface Water Management <br />Permit No. 202217 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 #5, 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 <br />Hunter Township Board of Township Supervisors and the Dows Township <br />Board of Township Supervisors to discharge into and otherwise utilize any <br />of their respective road right of way. <br /> <br />2. The Board recommends that Applicant obtain all other necessary and <br />requisite licenses, permits, registrations, and/or approvals from all applicable <br />federal, state, county, and municipal governments, and any other applicable <br />governmental entities. <br /> <br />The Board will provide copies of the Board’s Notice of Decision, Subsurface Water <br />Management Permit No. 202217, and Applicant’s downstream flow map to the <br />Department of Water Resources, Dows Township, Hunter Township, downstream <br />landowners, and Cass Rural Water Users District. Applicant’s detailed project design <br />map is an exempt record, and the Board will not provide copies to any third parties. <br /> <br /> <br />
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