2024-02-02 - Laserfiche WebLink

3 3. Sidney Steinweg, Darla M. Jelen, and Juli L. Dyre (Cass County Parcel No. 32- 0000-03006-030). The executive session was attended by Managers Olson, Melvin, and Miller, Melissa Hinkemeyer, Leilei Bao, Carolyn Fiechtner, Sean Fredricks, Christie Rust, Kurt Lysne, Alexa Ducioame, and Levi Hanson. The executive session adjourned at 9:26 a.m. and the regular meeting was reconvened and opened to the public. Complaint for Water-Related Issues from Harold Miller against Dobler Trust for unpermitted drainage in the NE 1/4 of Section 8 in Cornell Township The Board next considered Harold Miller’s Complaint for Water-Related Issues against the Dobler Family Trust and Don Dobler, dated November 30, 2023. Mr. Miller previously submitted a similar complaint dated May 30, 2023, but later withdrew that complaint. Under the new Complaint, Mr. Miller alleges that Mr. Don Dobler constructed unpermitted drainage in the NE 1/4 of Section 8 in Cornell Township, in violation of N.D. Cent. Code §§ 61-32-03 and 61-32-07. According to Cass County tax records and records on file with the Cass County Recorder’s Office, Sandra Dobler, as Trustee of the Dobler Family Trust, owns the NE 1/4 of Section 8 in Cornell Township. Sean Fredricks reminded the Board that, at the Board’s meeting on June 1, 2023, the Board conducted conflict analysis regarding Harold Miller’s May 2023 Complaint for Water-Related Issues. At that meeting, the Board concluded Manager Miller had a conflict and voted to preclude him from voting on that matter. The same conflict analysis applies to this matter since the new Complaint is identical. With that in mind, Manager Miller will not participate in any votes regarding Harold Miller’s Complaint for Water-Related Issues against the Dobler Family Trust and Don Dobler, dated November 30, 2023. The Board previously directed Moore Engineering, Inc. to investigate the matter, and Moore prepared and submitted a written report dated January 31, 2024. Kurt Lysne explained Moore’s report. Mr. Miller alleges the Doblers constructed improvements to an existing natural drain in the NE 1/4 of Section 8 in Cornell Township without a surface drainage permit. The natural drain runs northeasterly from the middle of the NE 1/4 of Section 8 to 134th Avenue SE; the natural drain conveys natural runoff from the contributing watershed and also drains high water from the Maple River when the river elevation is high enough. Under North Dakota law, specifically Section 61-32-03 of the North Dakota Century Code, “[a] permit is required before any person may construct a drain for the purpose of draining waters from a pond, slough, lake, or sheetwater . . . having a watershed of 80 acres … or more.” Under Section 89-02-01-05 of the North Dakota Administrative Code, “maintenance” of existing drains or ditches does not require a permit; Section 89-02-01- 02(10) of the North Dakota Administrative Code defines “maintenance” as follows: “Maintenance” means removal of silt and vegetation from a drain. Maintenance does not include deepening or widening a drain.