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<br /> <br />7 <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 SE <br />1/4 of Section 6 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. 202325 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. <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 />