2023-07-06 - Laserfiche WebLink

12 3. The Board recommends that Applicant obtain all other necessary and requisite licenses, permits, registrations, and/or approvals from all applicable federal, state, county, and municipal governments, and any other applicable governmental entities. The Board will provide copies of the Board’s Notice of Decision, Subsurface Water Management Permit No. 202316, and Applicant’s downstream flow map to the North Dakota Department of Water Resources, Tower Township, Matthew and Jennifer Richman, Jacob Paul Richman, Mark and Pamela Johnson, and Cass Rural Water Users District. Applicant’s detailed project design map is an exempt record, and the Board will not provide copies to any third parties. Application to Install a Subsurface Water Management System No. 202317 for Steven D. Johnson in the NW 1/4 and the N 1/2 SW 1/4 of Section 21 in Tower Township The Board next reviewed Application to Install a Subsurface Water Management System No. 202317, filed June 28, 2023, by Applicant Steven D. Johnson. Under the Application, Applicant seeks to install a 184-acre drain tile system in the NW 1/4 of Section 21 and the N 1/2 SW 1/4 of Section 21 in Tower Township, Cass County, North Dakota. The project will include a pump outlet near the northeast corner of the NW 1/4 of Section 21; the pump will discharge directly into a “watercourse,” as that term is defined under N.D. Cent. Code § 61-01-06. That watercourse flows to the northeast. According to records submitted by Applicant, Steven D. Johnson owns the NW 1/4 of Section 21 and the N 1/2 of the SW 1/4 of Section 21 in Tower Township. This area was the subject of a drainage complaint in Section 17 and an obstruction complaint in Section 21. Mr. Lysne noted that these acres will discharge to the northeast as a result of this project, a significant modification to the drainage for a large portion of the acreage. Pumps in this area could impact Highway 10; the Board noted that if the Cass County Highway Department concludes upstream drainage is contributing to inundation of Highway 10, the Board would likely conclude the inundation is a “critical flood period” that would require upstream tile permittees to turn off their pumps. Manager Miller moved, and Manager Melvin seconded the motion, to approve Application to Install a Subsurface Water Management System No. 202317, filed June 28, 2023, for Steven D. Johnson regarding a proposed tile system in the NW 1/4 of Section 21 and the N 1/2 SW 1/4 of Section 21 in Tower Township; and to authorize the Secretary-Treasurer to sign Subsurface Water Management Permit No. 202317, subject to the following conditions: 1. Applicant will install and maintain erosion protection at any and all outlets into the natural watercourse in the NW 1/4 of Section 21 in Tower Township. 2. Applicant will re-establish any areas disturbed installing or maintaining Applicant’s tile system.