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5 motion. Upon roll call vote, Chairman Olson and Manager Melvin vote in favor of the motion. Manager Miller abstained in accordance with the Board’s previous conflict analysis. The motion carried. The Board directed Mr. Fredricks to prepare the requisite Notice of Decision and to provide the Notice to the parties of record. Utility Permit for WBI Energy Transmission to install a natural gas pipeline under Drain #14 in the NE 1/4 of Section 8 in Mapleton Township on the west side of Cass County Highway 15 It was moved by Manager Melvin and seconded by Manager Miller to approve the Utility Permit for WBI Energy Transmission to install a natural gas pipeline under Drain #14 in the NE 1/4 of Section 8 in Mapleton Township on the west side of Cass County Highway 15, with input from the Water Resource District Engineer. Upon roll call vote, the motion carried unanimously. Burlington Northern Santa Fe Railway Company (BNSF) Subsurface Water Management Permit appeals Mr. Fredricks updated the Board on two Subsurface Water Management Permit appeals in the Maple River Water Resource District. Manager Miller moved to approve and authorize a settlement with BNSF as follows: • For all future tile permits that require permits under N.D. Cent. Code 61-32-03.1 and that include a discharge within one mile upstream of BNSF’s right of way, the Maple River Water Resource District (the “District”) will include recommendations in the District’s Notice of Decision that the applicants obtain written consent from BNSF, and the District will include BNSF’s contact information. • The District authorizes counsel and the District’s Chair and Secretary to negotiate and execute stipulations and settlement agreements as necessary to dismiss the following pending appeals: o BNSF Railway Company v. Maple River Water Resource District, Civ. No. 09-2023-CV-03518 (Nick Pyle Subsurface Permit No. 202314); and o BNSF Railway Company v. Maple River Water Resource District, Civ. No. 09-2023-CV-03756 (Steven Johnson Subsurface Permit No. 202322). • The stipulations and settlement agreements will include mutual releases and waivers of claims and causes of action in the pending appeals. • The District will notify the tile applicants/permittees regarding Subsurface Permit Nos. 202314 and 202322 of the parties’ settlement; the District will recommend that the tile applicants/permittees complete and submit BNSF’s Right of Way Discharge Permit before discharging any water into BNSF ‘s right of way; and the District will recommend that the tile applicants/permittees contact BNSF before entering or allowing their agents and contractors to enter BNSF’s right of way. Manager Melvin seconded the motion. Upon roll call vote, the motion carried unanimously.