2023-10-05
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2023-10-05
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<br /> <br />6 <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 comply with the following: <br /> <br />1. The Board recommends that Applicants obtain written consent from the <br />Davenport Township Board to discharge into or otherwise utilize any of its <br />road right of way. <br /> <br />2. The Board recommends that Applicants obtain written consent from the <br />Cass County Highway Department to discharge into or otherwise utilize any <br />of its Highway 16 right of way. <br /> <br />3. The Board recommends that Applicants obtain all other necessary and <br />requisite licenses, permits, registrations, and/or approvals from all applicable <br />federal, state, county, and municipal governments, and any other applicable <br />governmental entities. <br /> <br />The Board will provide copies of the Board’s Notice of Decision, Subsurface Water <br />Management Permit No. 202324, and Applicants’ downstream flow map to the North <br />Dakota Department of Water Resources, the Cass County Highway Department, the <br />Davenport Township Board of Township Supervisors, the Jill J. Kalsow Revocable Living <br />Trust, 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. 202325 for <br />Matthew Ottis and James Plath in the SE 1/4 of Section 6 in Davenport Township <br />The Board next reviewed Application to Install a Subsurface Water Management System <br />No. 202325, filed October 4, 2023, by Applicants Matthew Ottis and James Plath. Under <br />the Application, Applicants seek to install a 135-acre drain tile system in the SE 1/4 of <br />Section 6 in Davenport Township, Cass County, North Dakota. The project will include a <br />single pump outlet located in the northeast corner of the SE 1/4 in Section 6; the pump <br />will discharge into the west road ditch along 158th Avenue SE; the discharge will flow <br />north in the west road ditch, along the east boundary of the NE 1/4 in Section 6; at the <br />northeast corner of the NE 1/4 in Section 6, the discharge will flow into the south road <br />ditch along Cass County Highway 16 and will flow east, under 158th Avenue SE, in the <br />south road ditch along Highway 16, along the north boundary of the NW 1/4 in Section 5. <br /> <br />According to records submitted by Applicants, James Plath owns the SE 1/4 of Section 6 <br />in Davenport Township. With regard to downstream landowners, Catherine A. Lee owns <br />the NE 1/4 of Section 6, and the Cass County Highway Department owns its Cass County <br />Highway 16 right of way along the north boundary of the N 1/2 in Section 5. <br /> <br />Manager Melvin moved, and Manager Miller seconded the motion, to approve Application <br />to Install a Subsurface Water Management System No. 202325, filed October 4, 2023, <br />for Matthew Ottis and James Plath regarding a proposed tile system in the SE 1/4 of <br />Section 6 in Davenport Township; and to authorize the Secretary-Treasurer to sign <br />Subsurface Water Management Permit No. 202325, subject to the following conditions: <br />
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