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3 <br /> <br />strategies, and attorney consultation regarding ongoing litigation and ongoing contract <br />negotiations related to right of way and property acquisitions necessary to accommodate <br />Lynchburg-Buffalo Project No. 2016-01, in accordance with N.D. Cent. Code §§ 44-04- <br />19.1(2), (5), and (9), regarding the following matter and parties: <br />1. Maple River Water Resource District v. Carole G. Meyers as Trustee of the Ruth <br />E. Buchholtz Testamentary Trust created the 22nd day of August, 2003, et al., Civ. <br />No. 09-2021-CV-02321 <br />Upon roll call vote, the following Managers voted in favor: Olson, Melvin and Miller. The <br />motion passed. <br /> <br />The executive session was attended by Managers Olson, Melvin and Miller, Carol <br />Harbeke Lewis, Melissa Hinkemeyer, Sean M. Fredricks, Chris McShane, Kurt Lysne, <br />Alexa Ducioame, Jim Guler, Brady Woodard and Duane Breitling. <br /> <br />The executive session adjourned at 10:13 a.m. and the regular meeting was reconvened <br />and opened to the public. <br /> <br />Cornell Township Drainage Improvement District No. 80 <br />Mr. Lysne reported the petitioners for Cornell Township Drainage Improvement District <br />No. 80 hope to select a project alignment by the end of the month. <br /> <br />Davenport Flood Risk Reduction Project <br />The Board discussed options and costs for wetland mitigation regarding the Davenport <br />Flood Risk Reduction Project with Greg Meyer, Moore Engineering, Inc. wetlands <br />specialist. The Board inquired about potentially constructing a wetland bank to be utilized <br />by Cass County Water Resource Districts and local political subdivisions for projects. Mr. <br />Meyer discussed the process, permits, construction, operation and maintenance costs <br />related to construction of a wetland bank. Mr. Meyer noted wetland mitigation must occur <br />in the same watershed as the project and constructing a wetland bank is generally not <br />cost-effective for small wetland mitigation needs such as the 1 acre of wetlands that needs <br />to be mitigated for the Davenport Flood Risk Reduction Project. <br /> <br />Mr. Fredricks briefly updated the Board on right of way acquisition regarding the <br />Davenport Flood Risk Reduction Project. Alexa Ducioame reported the Section 404 <br />Permit application was submitted to the Corps of Engineers in February and Moore <br />Engineering, Inc. is currently working on the Conditional Letter of Map Revision <br />submission to FEMA. Mr. Lysne stated final project design is nearing completion and he <br />discussed the updated cost estimate for the project which has increased from the 2018 <br />estimate. Once the project has been bid, the Water Resource District could apply for <br />additional cost-share for the project. <br /> <br />It was moved by Manager Melvin and seconded by Manager Miller to authorize the <br />Secretary-Treasurer to send correspondence to the NDDWR regarding the status and <br />updated cost estimate for the Davenport Flood Risk Reduction Project. Upon roll call <br />vote, the motion carried unanimously. <br />