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<br />2 <br /> <br />02 01-09.2 of the North Dakota Administrative Code. In his draft responses, Mr. Lysne <br />noted the project will improve conveyance within the existing Drain #14 channel and a <br />reduction in ag land in the Drain #14 watershed. Mr. Lysne ultimately concluded the <br />project will not increase the potential for erosion, flood durations, or sustained flows. The <br />Board concurred with Mr. Lyne’s responses. The Board further determined no hearing <br />was necessary under 89-02-01-09.1(2) of the North Dakota Administrative Code; the <br />Board does not anticipate adverse impacts to any landowners as a result of the project. <br /> <br />Manager Melvin moved to adopt Kurt Lysne’s responses to the eight elements under 89 <br />02 01-09.2 of the North Dakota Administrative Code; to approve Application for Surface <br />Drain No. 6238 regarding modifications to Cass County Drain No. 14 to accommodate <br />the Metro Flood Diversion project, subject to any conditions attached by the NDDWR; <br />and to authorize the Secretary-Treasurer to sign Permit for Surface Drain No. 6238. <br />Manager Miller seconded the motion. Upon roll call vote, the motion carried unanimously. <br /> <br />Drain #39 Improvement Project No. 2023-01 – Application for Surface Drain No. <br />6239 <br />The Board reviewed information from the NDDWR regarding Application for Surface Drain <br />No. 6239, previously submitted by the Maple River Water Resource District regarding <br />Cass County Drain No. 39 Improvement Project No. 2023-01. The project will include <br />reconstruction and improvements of approximately two miles of Drain #39 in the east half <br />of Sections 24 and 25 of Maple River Township, on the west side of 157th Avenue SE. <br />The Board submitted a surface drain application to the NDDWR. The NDDWR recently <br />completed its review of the project and application and concluded the project is not “of <br />statewide or interdistrict significance.” The NDDWR forwarded a Record of Decision to <br />the Board and the Board must consider and process the application. <br /> <br />The Board considered Kurt Lysne’s proposed responses to the eight elements under 89 <br />02 01-09.2 of the North Dakota Administrative Code. In his draft responses, Mr. Lysne <br />noted the project will not include road crossing increases and the existing concrete weir <br />and an existing sheet pile weir will remain in place. Mr. Lysne ultimately concluded the <br />project will not increase the potential for erosion, flood durations, or sustained flows. The <br />Board concurred with Mr. Lyne’s responses. The Board further determined no hearing <br />was necessary under 89-02-01-09.1(2) of the North Dakota Administrative Code; the <br />Board will acquire the requisite right of way to accommodate the project, and the Board <br />does not anticipate adverse impacts to any landowners as a result of the project. In fact, <br />the project will improve public safety along 157th Avenue, the project will improve <br />drainage in the area, and the project will alleviate summer rainfall flooding issues in the <br />project watershed. <br /> <br />Manager Miller moved to adopt Kurt Lysne’s responses to the eight elements under 89 <br />02 01-09.2 of the North Dakota Administrative Code; to approve Application for Surface <br />Drain No. 6239 regarding Cass County Drain No. 39 Improvement Project No. 2023-01, <br />subject to any conditions attached by the NDDWR; and to authorize the Secretary- <br />Treasurer to sign the Permit for Surface Drain No. 6239. Manager Melvin seconded the <br />motion. Upon roll call vote, the motion carried unanimously.