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<br /> <br />10 <br /> <br />6. Applicant must apply for an amendment to Subsurface Water Management <br />Permit No. 202315 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 />Gill Township Board to install any pipeline or other project components in the <br />Township’s 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. 202315, and Applicant’s downstream flow map to the North <br />Dakota Department of Water Resources, Gill Township, Lyle and Eileen Schultz, Mark <br />and Linda Levos, Dana Sprunk, and Cass Rural Water Users District. <br />Applicant’s detailed project design map is an exempt record, and the Board will not <br />provide copies to any third parties. <br /> <br />Application to Install a Subsurface Water Management System No. 202316 for M <br />and M Farms Partnership in the NE 1/4 of Section 28, the W 1/2 of Section 27, and <br />the SE 1/4 of Section 27 in Tower Township <br />The Board next reviewed Application to Install a Subsurface Water Management System <br />No. 202316, filed June 27, 2023, by Applicant M and M Farms Partnership. Under the <br />Application, Applicant seeks to install a 121-acre drain tile system in the NE 1/4 of Section <br />28, the W 1/2 of Section 27, and the SE 1/4 of Section 27 in Tower Township, <br />Cass County, North Dakota. The project will only include tile in the W 1/2 of Section 27; <br />the project will not include any tile in the NE 1/4 of Section 28; rather, Applicant only <br />intends to install a surface inlet along the east boundary of the NE 1/4 of Section 28 that <br />will connect to the system in the W 1/2 of Section 27 via a line under 136th Avenue SE. <br />Similarly, the system will not include any tile in the SE 1/4 of Section 27; rather, the two <br />gravity outlets will commence along the east boundary of the SW 1/4 of Section 27 and <br />