2023-04-06
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2023-04-06
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6 <br /> <br />Application to Install a Subsurface Water Management System No. 20238 for Kyle <br />Faught in the E 1/2 of Section 20 in Empire Township <br />The Board next reviewed an Application to Install a Subsurface Water Management <br />System No. 20238, filed March 28, 2023, by Applicant Kyle Faught. Under the <br />Application, Applicant seeks to install a 135-acre drain tile system in the E 1/2 of Section <br />20 in Empire Township, Cass County, North Dakota. The project will include a single <br />gravity outlet in the SE 1/4 of Section 20; the outlet will discharge directly into a Swan <br />Creek tributary that flows to the southeast. <br /> <br />According to records submitted by Applicant, David and Ardell Strand own the E 1/2 of <br />Section 20 in Empire Township. Once the project discharges into the Swan Creek <br />tributary, the District no longer has jurisdiction over the tile discharge. <br /> <br />Manager Melvin moved, and Manager Miller seconded the motion, to approve Application <br />to Install a Subsurface Water Management System No. 20238, filed March 28, 2023, for <br />Kyle Faught regarding a proposed tile system in the E 1/2 of Section 20 in Empire <br />Township; and to authorize the Secretary-Treasurer to sign Subsurface Water <br />Management Permit No. 20238, subject to the following conditions: <br /> <br />1. Applicant will install and maintain erosion protection at any and all outlets <br />into the Swan Creek tributary in the SE 1/4 of Section 20. <br /> <br />2. Applicant will re-establish any areas disturbed installing or maintaining <br />Applicant’s tile system. <br /> <br />3. 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 E 1/2 of <br />Section 20 in Empire Township under any blanket easements, or otherwise <br />beyond the Water District’s existing easement(s). <br /> <br />4. Applicant must apply for an amendment to Subsurface Water Management <br />Permit No. 20238 in advance of any proposed alterations to outlet locations, <br />the addition of any outlets, or improvements or modifications to the tile <br />system that could increase the capacity or drainage area of the tile 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 or an <br />easement from the owners of the E 1/2 of Section 20 to install and maintain <br />tile components. <br />
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