2024-02-02 - Laserfiche WebLink

4 Mr. Lysne explained that Moore’s investigation included a drone inspection, a field investigation, and a ground survey. Moore then compared the survey data collected with LiDAR data. As a result of their investigation, Moore found evidence of deepening of the natural drain that runs northeasterly from the middle of the NE 1/4 of Section 8 to 134th Avenue SE. More specifically, comparison of Moore’s ground survey with LiDAR indicated deepening over six inches for a significant stretch of the drain, and up to one foot of deepening on the upstream reach. Moore concluded there is clear evidence of deepening of the natural drain in the NE 1/4 of Section 8, beyond mere maintenance. The next element for the Board to consider is the drainage area impacted by the Doblers’ deepening of the natural drain. Even if the Doblers deepened the natural drain, their activity only required a surface drainage permit if the watershed area impacted or drained is at least 80 acres. Moore’s report provides the following analysis of the watershed: The watershed contributing to the drainage path at the subject of this drainage complaint, excluding any high water breaking out from the Maple River, was delineated to the outlet point of the alleged drainage improvements. The watershed contributing to the drainage path in the NE ¼ of Section 8 is greater than 80 acres, as show in Exhibit 1. The watershed map attached as Exhibit 1 to Moore’s report indicates there is a 144.41- acre sub-watershed and another 32.94-acre sub-watershed drained and impacted by the Doblers’ deepening of the natural drain. As Moore’s report notes, the contributing watershed impacted by the Doblers’ drainage activities exceeds the 80-acre surface permitting threshold. Ultimately Moore concluded the Doblers deepened the natural drain in the NE 1/4 of Section 8; those activities drain both “sheetwater” from the NE 1/4 of Section 8 and high water from the Maple River; and the contributing watershed area drained is greater than 80 acres. The Doblers’ improvements included more than mere silt and vegetation removal and were, therefore, beyond “maintenance.” With that in mind, according to Section 61-32-03 of the North Dakota Century Code and Section 89-02-01-03 of the North Dakota Administrative Code, the Doblers’ improvements required a surface drainage permit, and the Doblers did not obtain a permit. The Board reviewed and concurred with Moore’s report and conclusions. By law, the Board had no choice but to order the Doblers to close or fill those drainage improvements in accordance with Section 61-32-07. The Board discussed the timing of the requirement for Doblers to close or fill the drainage. The Board felt two months would afford them sufficient time to fill in their ditch improvements. Manager Melvin moved to declare the drainage improvements constructed by the Doblers in the NE 1/4 of Section 8 in Cornell Township as unpermitted and illegal drainage improvements, as alleged in the Complaint for Water-Related Issues filed by Harold Miller; and to order the Dobler Family Trust and Don Dobler to close or fill the unpermitted and illegal improvements by 5:00 p.m. on April 1, 2024. Chairman Olson seconded the