2023-04-06
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2023-04-06
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8 <br /> <br />Tim Berntson regarding a proposed tile system in Section 29 and the NW 1/4 of Section <br />28 in Buffalo Township, and to authorize the Secretary-Treasurer to sign Subsurface <br />Water Management Permit No. 202310, subject to the following conditions: <br /> <br />1. Applicant will install and maintain erosion protection at any and all outlets <br />into Buffalo Creek. <br /> <br />2. Applicant will re-establish any areas disturbed installing or maintaining <br />Applicant’s tile system. <br /> <br />3. The Board will include the NW 1/4 of the NW 1/4 of Section 29 in <br />Buffalo Township in the Garsteig-Embden Maintenance District, a federal <br />project maintenance district created under North Dakota law to operate and <br />maintain the Buffalo Channel, at 100% benefit. <br /> <br />4. Applicant will turn off any pump outlets and otherwise close all outlets during <br />“critical flood periods,” as determined by the Maple River Water Resource <br />District. <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 Section 29 <br />or the NW 1/4 of Section 28 in Buffalo Township, under any blanket <br />easements, or otherwise beyond Cass Rural Water Users District’s existing <br />easement(s). <br /> <br />6. Applicant must apply for an amendment to Subsurface Water Management <br />Permit No. 202310 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 <br />Buffalo Township to install any line through the Township’s road right of <br />way. <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.
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