2023-07-06 - Laserfiche WebLink

3 application regarding Drain #62. The NDDWR granted the request and the application is now before the Board for consideration. Mr. Lysne has provided his responses to the 8- point questionnaire for the permit. Mr. Fredricks continues working with North Dakota Soybean Processors, LLC (NDSP) on the Access Easement related to the project. NDSP is to provide the survey to attach as an Exhibit to the easement. He hoped to have it by this meeting, but the survey has not been completed yet. The Board reviewed information from the NDDWR regarding Application for Surface Drain No. 6228, previously submitted by the Maple River Water Resource District regarding Cass County Drain No. 62. The Maple River Water Resource District, Cass County, and North Dakota Soybean Processors (NDSP) entered into an agreement, dated March 20, 2023, under which the parties agreed to certain modifications to Drain 62 to accommodate access to NDSP’s Soybean Processing Plant in Section 34 of Casselton Township. Under that agreement, Cass County agreed to construct improvements to 36th Street SE in Sections 33 and 34 in Casselton Township, to construct a driveway or crossing over Drain 62, and to realign Drain 62. Those improvements and modifications require a surface drain permit. The Board submitted a surface drainage permit application to the NDDWR in April. The NDDWR recently completed its review of the project and application and concluded the project is not “of statewide or interdistrict significance.” The NDDWR forwarded a Record of Decision to the Board and the Board must consider and process the application. The Board considered Kurt Lysne’s proposed responses to the eight elements under 89-02-01-09.2 of the North Dakota Administrative Code. The Board further determined no hearing was necessary under 89-02-01-09.1(2) of the North Dakota Administrative Code; NDSP has agreed to convey an easement to the Board to accommodate the project and the realignment of Drain 62, and the Board does not anticipate adverse impacts to any landowners as a result of the project. Further, Mr. Lysne noted the Drain crossing will meet the Stream Crossing Standards. With that in mind, the project will not result in adverse impacts. In fact, the project will improve agricultural drainage in the area and will alleviate summer rainfall flooding issues in the project watershed. Manager Miller moved to adopt Kurt Lysne’s responses to the eight elements under 89-02-01-09.2 of the North Dakota Administrative Code, and to approve Application for Surface Drain No. 6228 regarding the Cass County Drain No. 62 Channel Modification Project, subject to any conditions attached by the NDDWR, and to authorize the Secretary-Treasurer to sign Surface Drain Permit No. 6228. Manager Melvin seconded the motion. Upon roll call vote, the motion carried unanimously. Tom Soucy asked if the Cass County Highway Department could begin construction. The Board said they have authorization to proceed now that Surface Drain Permit No. 6228 has been approved.