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2 <br /> <br />“critical flood periods,” as determined by the Maple River Water Resource District. <br /> <br />4. Applicants will not install Applicants’ tile system within 20 feet, on either side, of <br />any rural water lines Cass Rural Water Users District has in the NE 1/4 of Section 5 <br />in Davenport Township under any blanket easements, or otherwise beyond the <br />Water Resource District’s existing easement(s). <br /> <br />5. 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 downstream of <br />the project outlet. <br /> <br />6. Applicants must apply for an amendment to Subsurface Water Management <br />Permit No. 20241 in advance of any proposed alterations to outlet locations, the <br />addition of any outlets, or improvements or modifications to the tile system that <br />could increase the capacity or drainage area of the tile system. <br /> <br />Upon roll call vote, the motion carried unanimously. <br /> <br />With regard to condition #5, 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 will recommend that Applicants comply with the <br />following: <br /> <br />1. The Board recommends that Applicants obtain written consent from the <br />Cass County Highway Department to discharge into or otherwise utilize any of the <br />County’s Highway 16 right of way. <br /> <br />2. The Board recommends that Applicants obtain all other necessary and requisite <br />licenses, permits, registrations, and/or approvals from all applicable federal, state, <br />county, and municipal governments, and any other applicable governmental <br />entities. <br /> <br />The Board will provide copies of the Board’s Notice of Decision, Subsurface Water <br />Management Permit No. 20241, and Applicants’ downstream flow map to the North <br />Dakota Department of Water Resources, the Cass County Highway Department, and <br />Cass Rural Water Users District. Applicants’ detailed project design map is an exempt <br />record, and the Board will not provide copies to any third parties. <br /> <br /> <br /> <br />