2023-10-05 - Laserfiche WebLink

5 discharge into the west road ditch along 159th Avenue SE; the discharge will flow north in the west road ditch, along the east boundary of the NE 1/4 in Section 5; at the northeast corner of the NE 1/4 in Section 5, the discharge will flow into the south road ditch along Cass County Highway 16 and will flow east, under 159th Avenue SE, in the south road ditch along Highway 16, along the north boundary of the NW 1/4 in Section 4. According to records submitted by Applicants, James Plath owns the SW 1/4 of Section 5, and Mark and Joan Ottis own the SE 1/4 of Section 5 in Davenport Township. With regard to downstream landowners, the Jill J. Kalsow Revocable Living Trust owns the NE 1/4 of Section 5, and the Cass County Highway Department owns its Cass County Highway 16 right of way along the north boundary of the NW 1/4 in Section 4. Manager Melvin moved, and Manager Miller seconded the motion, to approve Application to Install a Subsurface Water Management System No. 202324, filed October 4, 2023, for Mark Ottis and James Plath regarding a proposed tile system in the S 1/2 of Section 5 in Davenport Township; and to authorize the Secretary-Treasurer to sign Subsurface Water Management Permit No. 202324, subject to the following conditions: 1. Applicants will install and maintain erosion protection at any and all outlets into Davenport Township’s road right of way. 2. Applicants will re-establish any areas disturbed installing or maintaining Applicants’ tile system. 3. Applicants will turn off any pump outlets and otherwise close all outlets during “critical flood periods,” as determined by the Maple River Water Resource District. 4. Applicants will remove silt or vegetation, or repair erosion or scour damages directly caused by Applicants’ tile system, but only up to one mile downstream of the project outlet. 5. Applicants will not install Applicants’ tile system within 20 feet, on either side, of any rural water lines Cass Rural Water Users District has in the S 1/2 of Section 5 in Davenport Township under any blanket easements, or otherwise beyond the Water Users District’s existing easement(s). 6. Applicants must apply for an amendment to Subsurface Water Management Permit No. 202324 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 #4, Applicants’ 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 Applicants’ tile system directly caused accumulation of silt or vegetation, erosion, or scouring.