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2 <br /> <br />constructed improvements in the west road ditch along 152nd Avenue SE, in the E 1/2 of <br />Section 29, and further acknowledged the ditch improvements he constructed were <br />deeper than the original depth of the township road ditch. The Board directed Kurt Lysne <br />to investigate the matter further to determine if Mr. Baumler’s activities required a surface <br />drainage permit. <br /> <br />Mr. Baumler and Mr. Bruesch both attended the Board’s meeting on March 21, 2023. At <br />that meeting, Mr. Lysne explained his findings that the drainage area impacted by the <br />ditch improvements Mr. Baumler constructed in the west road ditch along 152nd Avenue <br />is only 28.5 acres (less than the 80-acre surface permitting threshold). However, the <br />parties agreed Mr. Baumler also constructed ditch improvements outside of the township <br />road ditch. More specifically, Mr. Baumler indicated he constructed field ditching in the <br />NE 1/4 of Section 29 to provide an outlet to the east, to provide some relief from flooding. <br />He indicated the purpose of the field ditching was to drain that watershed to the east to <br />the township ditch improvements he constructed. The Board directed Mr. Lysne to <br />investigate those improvements. <br /> <br />Mr. Baumler and Mr. Bruesch both attended the Board’s meeting on April 18, 2023. At <br />that meeting, Mr. Lysne described the additional field work. Mr. Baumler indicated he <br />constructed those ditch improvements to provide an outlet to high water in the field in the <br />NE 1/4 of Section 29. Those improvements drain field sheetwater to the northeast, <br />towards the ditch improvements Mr. Baumler constructed in the west road ditch along <br />152nd Avenue. However, Mr. Baumler alleged he filled in that field ditching with 6 inches <br />of fill. The Board directed Mr. Lysne to investigate and determine whether or not Mr. <br />Baumler effectively closed or filled that field ditching. <br /> <br />Mr. Lysne presented an aerial photograph that depicts the ditch improvements along <br />152nd Avenue and the field improvements; a map that compares the survey data Moore <br />Engineering, Inc. gathered compared to LiDAR elevation data; and a watershed map. Mr. <br />Lysne reiterated that the ditch improvements along 152nd Avenue only impact or drain a <br />28.5-acre watershed. <br /> <br />With regard to the field ditch improvements, Mr. Lysne indicated Mr. Baumler initially dug <br />a ditch approximately 2.5-feet deep, but later filled in approximately 6 inches of fill. As a <br />result, the field ditch improvements currently consist of a channel approximately 2 feet <br />deep. Mr. Lysne evaluated the watershed area drained by this ditch and ultimately <br />concluded those improvements do not drain or impact an 80-acre watershed. Rather, Mr. <br />Lysne concluded these improvements only drain high water during flood conditions. <br />Since the ditch does not drain an 80-acre watershed, those improvements did not require <br />a surface drainage permit. <br /> <br />Mr. Baumler noted he would be willing to fill in the field ditching with another one foot of <br />fill, if necessary. <br /> <br />