2023-07-06 - Laserfiche WebLink

8 5. Applicant will not install Applicant’s tile system within 20 feet, on either side, of any rural water lines Cass Rural Water Users District has in the N 1/2 of Section 36 in Wheatland Township under any blanket easements, or otherwise beyond the Water Users District’s existing easement(s). 6. Applicant will remove silt or vegetation, or repair erosion or scour damages directly caused by Applicant’s tile system, but only up to one mile downstream of the project outlet. 7. Applicant must apply for an amendment to Subsurface Water Management Permit No. 202314 in advance of any proposed alterations to outlet locations, the addition of any outlets, or improvements or modifications to the tile system that could increase the capacity or drainage area of the tile system. Upon roll call vote, the motion carried unanimously. With regard to condition #6, Applicant’s obligations to remove silt or vegetation, or to repair erosion or scour damages, will only arise upon submission of substantial evidence to the Board by a downstream landowner or road authority that Applicant’s tile system directly caused accumulation of silt or vegetation, erosion, or scouring. Under Section 61-32-03.1, the Board cannot attach any additional conditions to Applicant’s permit. However, for Applicant’s protection, and to ensure protection of Applicant’s tile system, the Board will recommend that Applicant comply with the following: 1. The Board recommends that Applicant obtain written consent from the Wheatland Township Board and/or the Casselton Township Board to discharge into or otherwise utilize any of their respective Township road right of way. 2. The Board recommends that Applicant obtain written consent from BNSF Railway Company to discharge into or otherwise utilize any of BNSF’s right of way. 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. 202314, and Applicant’s downstream flow map to the North Dakota Department of Water Resources, BNSF Railway Company, Marlyce B. Pyle Revocable Living Trust, Larry and Cynthia Biffert, Aaron and Stacie Larson, Wheatland Township, Casselton Township, 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.