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5 <br /> <br />Dakota Department of Environmental Quality (“NDDEQ”), the Natural Resources <br />Conservation Service (“NRCS”), the North Dakota Department of Game and Fish <br />(“NDG&F”), Everest Township, and Durbin Township. In response to the SOV, DWR only <br />received substantive comments from DEQ and Everest Township; DEQ commented that <br />the project may require a DEQ permit, and Everest Township indicated the Township had <br />no objection to the project. <br /> <br />The lack of concern from the Townships, coupled with DWR’s own review of the proposed <br />project, prompted DWR to conclude Application No. 6270 does not propose drainage of <br />“statewide or interdistrict significance.” By issuing that finding, DWR effectively concluded <br />the proposed project will not convert previously non-contributing areas to contributing <br />watershed areas (will not contribute any additional drainage). <br /> <br />DWR forwarded Application for Surface Drain No. 6270 to the Board for processing in <br />accordance with Section 89-02-01-09.1(2) of the North Dakota Administrative Code, via <br />DWR’s Record of Decision (the “ROD”). <br /> <br />Under Section 89-02-01-09.1(2), once the Board received the ROD, the Board’s first step <br />was to determine if “public and private interests would be better served by a specific public <br />meeting to consider the project.” In this case, the Board does not anticipate any <br />downstream impacts and concluded a formal hearing was not necessary. However, the <br />Board also noted the downstream landowner, Thomas S. Hull, as Trustee of the Thomas <br />S. Hull Revocable Trust, owner of the S 1/2 of Section 18 in Durbin Township, was not a <br />recipient of the SOV and may not be aware of the proposed project. With that in mind, in <br />a letter dated March 19, 2024, the Board notified Mr. Hull and Dalrymple Farms of <br />Application for Surface Drain No. 6270, provided a copy of DWR’s ROD, invited any <br />comments or concerns, and invited the parties to the Board’s meeting on April 4, 2024. <br /> <br />In response to the Board’s letter, Mr. Jack Dalrymple, representative for Mr. Hull, sent an <br />email to Secretary Melissa Hinkemeyer in which he indicated neither Mr. Hull nor Mr. <br />Dalrymple have any objections to the project as long as Sinner Bros. and Bresnahan do <br />not modify the culvert in the southeast corner of Section 13 in Everest Township. Mr. <br />Bresnahan later sent an email to Melissa Hinkemeyer and confirmed the project will not <br />include any modifications to the culvert in the southeast corner of Section 13 in Everest <br />Township. With that in mind, neither the Townships nor the downstream landowner have <br />any objections to the proposed project. <br /> <br />Under Section 89-02-01-09.2 of the Administrative Code and Section 61-32-03 of the <br />North Dakota Century Code, the Board must ultimately determine if the project will result <br />in downstream impacts and, if so, the Board must require Sinner Bros. & Bresnahan, <br />L.L.P., to obtain downstream flowage easements from impacted downstream parties as a <br />condition to any approval of Application for Surface Drain No. 6270, under Section 61-32- <br />03. <br /> <br />The Board reviewed draft responses to the eight elements under Section 89 02 01-09.2 <br />of the North Dakota Administrative Code prepared by Kurt Lysne, as follows: