2023-09-07
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2023-09-07
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<br /> <br />5 <br /> <br />Upon roll call vote, the motion carried unanimously. <br /> <br />Under Section 61-32-03.1, the Board cannot attach any additional conditions to <br />Applicants’ permit. However, for Applicants’ protection, and to ensure protection of <br />Applicants’ tile system, the Board recommends that Applicants obtain all other necessary <br />and requisite licenses, permits, registrations, and/or approvals from all applicable federal, <br />state, county, and municipal governments, and any other applicable governmental <br />entities. <br /> <br />The Board will provide copies of the Board’s Notice of Decision and Subsurface Water <br />Management Permit No. 202321 to the North Dakota Department of Water Resources <br />and Cass Rural Water Users District. Applicants’ detailed project design map is an <br />exempt record, and the Board will not provide copies to any third parties. <br /> <br />Application to Install a Subsurface Water Management System No. 202322 for <br />Steven D. Johnson in the W 1/2 of Section 22 in Tower Township <br />The Board next reviewed Application to Install a Subsurface Water Management System <br />No. 202322, filed September 1, 2023, by Applicant Steven D. Johnson. Under the <br />Application, Applicant seeks to install a 190-acre drain tile system in the W 1/2 of Section <br />22 in Tower Township, Cass County, North Dakota. The project will include four gravity <br />outlets that will all discharge directly into the Maple River. <br /> <br />According to records submitted by Applicant, Steven D. Johnson owns the W 1/2 of <br />Section 22 in Tower Township, subject to a life estate in Howard and Ione Johnson. <br /> <br />Manager Miller moved, and Manager Melvin seconded the motion, to approve Application <br />to Install a Subsurface Water Management System No. 202322, filed September 1, 2023, <br />for Steven D. Johnson regarding a proposed tile system in the W 1/2 of Section 22 in <br />Tower Township; and to authorize the Secretary-Treasurer to sign Subsurface Water <br />Management Permit No. 202322, subject to the following conditions: <br /> <br />1. Applicant will install and maintain erosion protection at any and all outlets <br />into the Maple River in the W 1/2 of Section 22 in Tower Township. <br /> <br />2. Applicant will re-establish any areas disturbed installing or maintaining <br />Applicant’s tile system. <br /> <br />3. 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 W 1/2 of <br />Section 22 in Tower Township under any blanket easements, or otherwise <br />beyond the Water Users District’s existing easement(s). <br /> <br />4. Applicant must apply for an amendment to Subsurface Water Management <br />Permit No. 202322 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 />
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