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8 <br /> <br />According to records submitted by Applicant, Bradley and Wendy Koetz own the W 1/2 <br />of Section 10, and Charleen Greuel owns 135.04 acres in the NE 1/4 of Section 10 where <br />Applicant intends to install the tile system. With regard to downstream landowners, the <br />Cass County Highway Department owns its Highway 5 right of way. Grant and Roberta <br />Phipps own a 24.39-acre parcel in the SE 1/4 of Section 3; Garry and Harriet Greuel own <br />133.10 acres in the SE 1/4 of Section 3; and Harriet Greuel owns the NE 1/4 of Section <br />3. <br /> <br />Manager Melvin moved, and Manager Miller seconded the motion, to approve Application <br />to Install a Subsurface Water Management System No. 20243, filed March 20, 2024, for <br />Bradley Koetz regarding a proposed tile system in the W 1/2 and the NE 1/4 of Section 10 <br />in Watson Township; and to authorize the Secretary-Treasurer to sign Subsurface Water <br />Management Permit No. 20243, subject to the following conditions: <br /> <br />1. Applicant will install and maintain erosion protection at any and all outlets into the <br />Cass County Highway Department’s highway right of way. <br /> <br />2. Applicant will install and maintain erosion protection at any and all outlets into <br />Watson Township’s road right of way. <br /> <br />3. Applicant will re-establish any areas disturbed installing or maintaining Applicant’s <br />tile system. <br /> <br />4. Applicant will not install Applicant’s tile system within 20 feet, on either side, of any <br />rural water lines Cass Rural Water Users District has in the W 1/2 and the NE 1/4 <br />of Section 10 in Watson Township under any blanket easements, or otherwise <br />beyond the Water District’s existing easement(s). <br /> <br />5. Applicant will remove silt or vegetation, or repair erosion or scour damages <br />directly caused by Applicant’s tile system, but only up to one mile downstream of <br />the project outlet. <br /> <br />6. Applicant must apply for an amendment to Subsurface Water Management Permit <br />No. 20243 in advance of any proposed alterations to outlet locations, the addition <br />of any outlets, or improvements or modifications to the tile system that could <br />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, Applicant’s 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 Applicant’s 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 />Applicant’s permit. However, for Applicant’s protection, and to ensure protection of