2023-10-05
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2023-10-05
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11/6/2023 4:30:59 PM
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<br /> <br />5 <br /> <br />discharge into the west road ditch along 159th Avenue SE; the discharge will flow north <br />in the west road ditch, along the east boundary of the NE 1/4 in Section 5; at the northeast <br />corner of the NE 1/4 in Section 5, the discharge will flow into the south road ditch along <br />Cass County Highway 16 and will flow east, under 159th Avenue SE, in the south road <br />ditch along Highway 16, along the north boundary of the NW 1/4 in Section 4. <br /> <br />According to records submitted by Applicants, James Plath owns the SW 1/4 of Section <br />5, and Mark and Joan Ottis own the SE 1/4 of Section 5 in Davenport Township. With <br />regard to downstream landowners, the Jill J. Kalsow Revocable Living Trust owns the NE <br />1/4 of Section 5, and the Cass County Highway Department owns its Cass County <br />Highway 16 right of way along the north boundary of the NW 1/4 in Section 4. <br /> <br />Manager Melvin moved, and Manager Miller seconded the motion, to approve Application <br />to Install a Subsurface Water Management System No. 202324, filed October 4, 2023, <br />for Mark Ottis and James Plath regarding a proposed tile system in the S 1/2 of Section <br />5 in Davenport Township; and to authorize the Secretary-Treasurer to sign Subsurface <br />Water Management Permit No. 202324, subject to the following conditions: <br /> <br />1. Applicants will install and maintain erosion protection at any and all outlets <br />into Davenport Township’s road right of way. <br /> <br />2. Applicants will re-establish any areas disturbed installing or maintaining <br />Applicants’ tile system. <br /> <br />3. Applicants will turn off any pump outlets and otherwise close all outlets <br />during “critical flood periods,” as determined by the Maple River Water <br />Resource District. <br /> <br />4. Applicants will remove silt or vegetation, or repair erosion or scour damages <br />directly caused by Applicants’ tile system, but only up to one mile <br />downstream of the project outlet. <br />5. Applicants will not install Applicants’ tile system within 20 feet, on either <br />side, of any rural water lines Cass Rural Water Users District has in the S <br />1/2 of Section 5 in Davenport Township under any blanket easements, or <br />otherwise beyond the Water Users District’s existing easement(s). <br /> <br />6. Applicants must apply for an amendment to Subsurface Water <br />Management Permit No. 202324 in advance of any proposed alterations to <br />outlet locations, the addition of any outlets, or improvements or <br />modifications to the tile system that could increase the capacity or drainage <br />area of the tile system. <br /> <br />Upon roll call vote, the motion carried unanimously. <br /> <br />With regard to condition #4, Applicants’ 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 Applicants’ tile system <br />directly caused accumulation of silt or vegetation, erosion, or scouring.
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