2023-09-26
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2023-09-26
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10/27/2023 9:35:27 AM
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<br />3 <br /> <br />4. 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 from the project outlet. <br /> <br />5. 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 E 1/2 of <br />Section 13 in Gunkel Township under any blanket easements, or otherwise <br />beyond the Water Users District’s existing easement(s). <br /> <br />6. Applicant must apply for an amendment to Subsurface Water Management <br />Permit No. 202323 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 /> <br />Upon roll call vote, the motion carried unanimously. <br /> <br />With regard to condition #4, Applicant’s obligations to remove silt or vegetation, or to <br />repair erosion or scour damages, will only arise upon submission of substantial evidence <br />to the Board by a downstream landowner or road authority that Applicant’s tile system <br />directly caused accumulation of silt or vegetation, erosion, or scouring. <br /> <br />Under Section 61-32-03.1, the Board cannot attach any additional conditions to <br />Applicant’s permit. However, for Applicant’s protection, and to ensure protection of <br />Applicant’s tile system, the Board recommends that Applicant comply with the following: <br /> <br />1. The Board recommends that Applicant obtain written permission <br />from the Cass County Highway Department to discharge into or <br />otherwise utilize any of the County’s Highway 34 right of way. <br /> <br />2. The Board recommends that Applicant obtain written permission <br />from the Gunkel Township Board of Township Supervisors to <br />discharge into or otherwise utilize any of the Township’s road right of <br />way. <br /> <br />3. The Board recommends that Applicant obtain written permission <br />from the Gardner Township Board of Township Supervisors to <br />discharge into or otherwise utilize any of the Township’s road right of <br />way. <br /> <br />4. The Board recommends that Applicant obtain all other necessary <br />and requisite licenses, permits, registrations, and/or approvals from <br />all applicable federal, state, county, and municipal governments, and <br />any other applicable governmental entities. <br /> <br />The Board will provide copies of the Board’s Notice of Decision, Subsurface Water <br />Management Permit No. 202323, and Applicant’s downstream flow map to the <br />Department of Water Resources, the Deborah A. Brand Trust, the Cass County Highway <br />
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