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4 <br /> <br />According to records on file with the Cass County Recorder’s office, Sinner-Bresnahan <br />Land Partnership, LLP, owns the SE 1/4 of Section 13. With regard to downstream <br />properties, Thomas S. Hull, as Trustee of the Thomas S. Hull Revocable Trust, owns the <br />S 1/2 of Section 18 in Durbin Township. <br /> <br />In accordance with N.D. Admin. Code §§ 89-02-01-08 and 89-02-01-09, upon receipt of <br />Application for Surface Drain No. 6270, DWR conducted a “statewide or interdistrict <br />significance” review of regarding the proposed ditch improvements. The outcome of <br />DWR’s “statewide or interdistrict significance” review is significant for any surface permit <br />application; if DWR concludes an application does not propose drainage of “statewide or <br />interdistrict significance,” after attaching conditions DWR deems appropriate and <br />necessary, DWR forwards the application to the appropriate water resource district for <br />review, and final consideration and approval or denial under N.D. Admin. Code § 89-02- <br />01-09.1(2). If, however, DWR concludes an application does propose drainage of <br />“statewide or interdistrict significance,” that finding triggers a more rigorous, time- <br />consuming, arduous, and expensive hearing and application process under N.D. Admin. <br />Code § 89-02-01-09.1(1). The initial “statewide or interdistrict significance” review <br />process by DWR affords DWR an initial opportunity to consider impacts of a project <br />proposed under a surface drainage permit application. <br /> <br />Section 89-02-01-09 provides DWR’s criteria for its “statewide or interdistrict significance” <br />review: <br /> <br />89-02-01-09. Criteria for determining whether drainage is of statewide or <br />interdistrict significance. In determining whether the proposed drainage is of statewide <br />or interdistrict significance, the department must consider: <br /> <br />1. Drainage affecting property owned by the state or its political subdivisions. <br />2. Drainage of sloughs, ponds, or lakes having recognized fish and wildlife values. <br />3. Drainage having a substantial effect on another district. <br />4. Drainage converting previously noncontributing areas (based on the National <br />Oceanic and Atmospheric Administration Atlas 14 twenty-five-year event - four <br />percent chance) into permanently contributing areas. <br />5. For good cause, the department may classify or refuse to classify any proposed <br />drainage as having statewide or interdistrict significance. <br /> <br />In accordance with DWR policy, DWR’s “statewide or interdistrict significance” review <br />includes a “solicitation of views” process, under which DWR seeks comments from <br />various state and federal agencies, including road authorities that could be impacted by <br />the proposed project. DWR’s initial review indicated the project will impact township road <br />right of way and, therefore, could qualify as “drainage of statewide or interdistrict <br />significance.” <br /> <br />For purposes of Application for Surface Drain No. 6270, DWR issued a “Solicitation of <br />Views” dated November 16, 2023 (the “SOV”). DWR provided the SOV to several <br />agencies, including the United States Army Corps of Engineers (“USACE”), the North