2023-11-02
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2023-11-02
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<br /> <br />5 <br /> <br />N 1/2 of the SW 1/4 in Section 21 of Tower Township; and to authorize the <br />Secretary-Treasurer to sign Subsurface Water Management Permit No. 202326, subject <br />to the following conditions: <br /> <br />1. Applicant will install and maintain erosion protection at any and all outlets <br />into the natural watercourse in the NW 1/4 of Section 21 in Tower Township. <br /> <br />2. Applicant will re-establish any areas disturbed installing or maintaining <br />Applicant’s tile system. <br /> <br />3. Applicant will turn off any pump outlets and otherwise close all outlets during <br />“critical flood periods,” as determined by the Maple River Water Resource <br />District. <br /> <br />4. 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 NW 1/4 <br />of Section 21 or in the N 1/2 of the SW 1/4 in Section 21 of Tower Township <br />under any blanket easements, or otherwise beyond the Water Users <br />District’s existing easement(s). <br /> <br />5. Applicant must apply for an amendment to Subsurface Water Management <br />Permit No. 202326 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 />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 will recommend that Applicant obtain all other <br />necessary and requisite licenses, permits, registrations, and/or approvals from all <br />applicable 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. 202326, and Applicant’s downstream flow map to the North <br />Dakota Department of Water Resources and Cass Rural Water Users District. Because <br />the project discharges into a “watercourse” as defined under North Dakota law, the permit <br />does not require notice to any downstream parties, in accordance with N.D. Cent. Code <br />§ 61-32-03.1. Applicant’s detailed project design map is an exempt record, and the Board <br />will not provide copies to any third parties. <br /> <br />
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