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<br /> <br />9 <br /> <br />Application to Install a Subsurface Water Management System No. 202315 for Kyle <br />Schultz in the S 1/2 of Section 31 and the SW 1/4 of Section 32 in Gill Township <br />The Board next reviewed Application to Install a Subsurface Water Management System <br />No. 202315, filed June 27, 2023, by Applicant Kyle Schultz. Under the Application, <br />Applicant seeks to install a 215-acre drain tile system in those portions of the S 1/2 of <br />Section 31 and the SW 1/4 of Section 32 in Gill Township, Cass County, North Dakota, <br />lying south of railroad right of way. The portion of the project in the S 1/2 of Section 31 <br />will connect to the portion in the SW 1/4 of Section 32 via a pipeline that will run under <br />146th Avenue SE. The project will include a single pump outlet located in the southeast <br />corner of the SW 1/4 of Section 32; the pump will discharge into the north ditch along <br />42nd Street SE; the discharge will flow east in the north road ditch, along the south <br />boundary of the SE 1/4 of Section 32 and the SW 1/4 of Section 33; before flowing across <br />any of the farmstead property in the southeast corner of the SW 1/4 of Section 33, the <br />discharge will flow into an existing natural or private drain and will flow north. <br /> <br />According to records submitted by Applicant, Lyle and Eileen Schultz own the SW 1/4 of <br />Section 31; Ryan and Kristi Schultz own the SE 1/4 of Section 31; Kyle and Larissa <br />Schultz own the SW 1/4 of Section 32 where Applicant intends to install the tile system. <br />With regard to downstream property, Mark and Linda Levos own the SE 1/4 of Section <br />32 and Dana Sprunk owns the SW 1/4 of Section 33, less the farmstead in the southeast <br />corner of the SW 1/4 in Section 33. <br /> <br />Manager Miller moved, and Manager Melvin seconded the motion, to approve Application <br />to Install a Subsurface Water Management System No. 202315, filed June 27, 2023, for <br />Kyle Schultz regarding a proposed tile system in the S 1/2 of Section 31 and the SW 1/4 <br />of Section 32 in Gill Township; and to authorize the Secretary-Treasurer to sign <br />Subsurface Water Management Permit No. 202315, subject to the following conditions: <br /> <br />1. Applicant will install and maintain erosion protection at any and all outlets <br />into Gill Township’s road right of way. <br /> <br />2. Applicant will re-establish any areas disturbed installing or maintaining <br />Applicant’s tile system. <br /> <br />3. Applicant will turn off any pump outlets and otherwise close all outlets during <br />“critical flood periods,” as determined by the Maple River Water Resource <br />District. <br /> <br />4. Applicant will not install Applicant’s tile system within 20 feet, on either side, <br />of any rural water lines Cass Rural Water Users District has in the S 1/2 of <br />Section 31 or in the SW 1/4 of Section 32 in Gill Township under any blanket <br />easements, or otherwise beyond the Water Users District’s existing <br />easement(s). <br /> <br />5. Applicant will remove silt or vegetation, or repair erosion or scour damages <br />directly caused by Applicant’s tile system, but only up to one mile <br />downstream of the project outlet.