Barnes County Water Resource District PO Box 306 Valley City, ND

Barnes County Water Resource District PO Box 306 Valley City, ND. 58072 701-845-8508 05/14/2012 Minutes Present: Chairman-Jeff McMillan, Vice Chairman- Pat Hurley, Manager- Duane Lettenmaier, Manager- Jerry Hieb, Manager- John Kohler. Also present: See attached. Chairman McMillan called the meeting to order at 8:00 AM. Manager Kohler moved to approve the minutes of the April meeting with corrections. Manager Lettenmaier seconded the motion. All were in favor, the motion carried. Manager Hieb moved to approve the Revenue and Expenditure reports. Manager Kohler seconded the motion. All were in favor. The motion carried. Legal Drain #2: Scott Legge, Chairman of the Legal Drain #2 Advisory Board, presented the District with a list of drain maintenance requests for 2012. The Advisory Board requested that the drain be cleaned in Section 32 of Stewart Township and that trees be removed by the drain on Jesse Pabst s land in the N1/2 of Section 32 of Stewart Township. The Advisory Board also requested that the entire drain be sprayed for broad leaf on the banks and to spray cattails on the bottom of the drain for a width of five feet. In addition the deep ditch warning signs and posts need to be replaced so that they comply with new insurance standards. Mr. Legge also notified the board that the Advisory Board would be taking pictures to document each parcel along the drain. This will help to identify any farming practices within the drain right of way and document any erosion caused by farming practices. Mr. Legge also requested that a log book be kept of the date of gate openings and closure s. He also noted that if an extension to the drain is permitted that the Advisory Board would request that water be moved in a timely fashion by the addition of pump stations. Pump stations should be installed at gat #4, in Section 1 of Potter and Section 33 of Stewart. Dikes should be installed near the pump stations located in Section 1 of

Potter and Section 33 of Stewart. Manager s Hurley and Kohler will meet with the Advisory Board on site to review the areas of concern. The District will then acquire estimates prior to the June meeting. Neil Aamen presented the board with photos of the drain. These photos should a pictorial view of how long it takes for the water to completely leave the drain. Mr. Aamen reported that it takes approximately 3 weeks. Discussion was held on the drop structure and how to remedy this problem. No decision was made. FEMA 2011 work still needs to be completed. Manager Lettenmaier left the meeting. Thordenskjold Drain/Legal Drain #1: Mike Opat presented a map of the proposed reassessment area for the drain. He also provided a preliminary assessment list. Mike explained that there will be 23400 acres in the new assessment. Discussion was held on extending the drain into the SW ¼ of section 24 of Thordenskjold Township. Discussion was held on the drain extending into Ransom County. It was decided to not to do this as there was only a few acres involved. Manager Hurley moved and Manager Kohler seconded to approve the preliminary assessment district as present by Mr. Opat. Upon a roll call vote, the following manager voted aye: McMillan, Kohler, Hieb and Hurley. The following managers voted nay: none. The following managers were absent and not voting: Lettenmaier. The motion carried unanimously. Manager Hurley introduced the following resolution and moved its adoption: Manager Hurley introduced the following resolution and moved its adoption: RESOLUTION SETTING HEARING ON REASSESSMENT FOR THORDENSKJOLD DRAIN NO. 1 WHEREAS, the Barnes County Water Resource District, or its predecessor, previously created, established, made assessments for, and constructed Thordenskjold Drain No. 1 in Barnes County, North Dakota, and confirmed an assessment list for the drain. WHEREAS, in accordance with North Dakota law, the Barnes County Water Resource District may, on its own motion, hold a hearing for the purpose of redetermining assessments and benefits for the project. WHEREAS, when the Barnes County Water Resource District originally approved the assessment list for Thordenskjold Drain No. 1, the District, or its predecessor, anticipated it would, at later times, reassess the drain to accurately reflect benefits and to include newly developed property so those properties pay their fair share of project costs. WHEREAS, the Barnes County Water Resource District or its agents recently inspected and reviewed the land within the assessment district for Drain No. 1 and discovered that certain tracts, lots, pieces, or parcels of land not previously included in the assessment district created to pay for the costs of establishing, constructing, and maintaining the drain benefit from Drain No. 1.

WHEREAS, the Barnes County Water Resource District similarly discovered that, over time, the benefits of Drain No. 1 to each tract, lot, piece, and parcel of land have changed. WHEREAS, the District believes reassessing Thordenskjold Drain No. 1 is necessary, fair, and equitable. NOW, THEREFORE, be it resolved by the Board of Managers of the Barnes County Water Resource District that the District will conduct a hearing on the reassessment for Thordenskjold Drain No. 1 as required by law on Monday, June 11, 2012, at 9:00 a.m., at the office of the Barnes County Water Resource District, at the Barnes County Highway Department, Valley City, North Dakota. Agents of the Barnes County Water Resource District will publish notice of the hearing one time in the Valley City Times Record and will mail notice by first-class mail to the owners of tracts, pieces, or parcels of land found to be benefitted since the establishment of Drain No. 1, and to each owner of the land whose assessment is proposed to be raised as a result of the reassessment. In addition, the District approves the form of the NOTICE OF HEARING REGARDING REASSESSMENT OF BENEFITS and the PRELIMINARY REASSESSMENT LIST attached to this resolution. APPROVED: Jeff McMillan, Chair ATTEST: Jamie Smith Secretary-Treasurer Date approved: May 14, 2012 The motion for the adoption of the foregoing resolution was duly seconded by Manager Kohler. On roll call vote, the following managers voted aye: McMillan, Kohler, Hieb, and Hurley. The following managers voted nay: none. The following managers were absent and not voting: Lettenmaier. The motion carried unanimously, and the resolution was duly adopted. 10 Mile Lake: Mr. Opat presented the board with an estimate for preliminary engineering for a possible outlet. The estimate was approximately $55,000.00 and did not include legal fees. Discussion was held on various point of the estimate. An outlet project would require a Joint District with Stutsman County as the watershed extends well into Stutsman County. It was decided that Chairman McMillan and Manager Lettenmaier will attend a Stutsman County meeting to propose this idea. NRCS projects could possibly be mitigated with pipe. Manager Lettenmaier returned to the meeting. Discussion was held on requiring a bond from landowners prior to the

project. This bond will help pay for the preliminary studies. Sean Fredricks, lawyer for the district, explained how the bond process works. Griggs County Complaint: Sean Fredricks informed the board that he has had email communications with Tom Moe, Attorney for Griggs County. NRCS has reviewed the complaint and has not found any swamp buster violations. Sean was asked to communicate once again with Mr. Moe and ask him to be more specific with their complaint and to organize a joint meeting with Stutsman, Barnes and Griggs. It was decided to dismiss the complaint if this has not been completed before the June regular meeting. Lloyd Wieland Drainage Complaint filed against Doug Quick and Lynn Johnson: East ½ of Section 1 Dazey Township and the N ½ and W ¼ of the S ½ of Section 6 of Sibley Trail Township The Board next discussed the Drainage Complaint filed by Lloyd Wieland against Doug Quick and Lynn Johnson dated April 9, 2012. Mike Opat conducted a site inspection of the alleged drainage in Barnes County. Sean Fredricks indicated the Board does not have jurisdiction over any alleged drainage constructed in Griggs County, so the Board cannot take any action regarding that alleged drainage. With regard to the allegations of illegal drains constructed in Barnes County, Mike concluded there was no evidence of anything more than maintenance done in the area. In addition, Amanda Brandt similarly investigated allegations of Swampbuster violations, and she concluded that the parties had merely cleaned and maintained to the original depth of legal drains. Manager Hurley moved to dismiss Mr. Wieland s Drainage Complaint for lack of jurisdiction regarding allegations of drainage in Griggs County, and for lack of jurisdiction over maintenance of existing legal drains. Manager Hieb seconded the motion. Upon roll call vote, the motion carried unanimously. Sean Fredricks will provide notice of the Board s decision to all parties of record. Chester Flath drainage complaint: Ashtabula Lookout Addition: Mr. Flash s complaint states that Trygve and DeAnn Skolness have failed to install a 8 PVC pipe under a shared drive as recommend by the Barnes County Water Resource District. The Secretary was asked to forward this complaint to Mr. Opat for a watershed determination after researching the Subdivision s storm water management plan.

Duane Lettenmaier drainage dispute: Tami Noorgard, personal legal representative for Duane Lettenmaier, was in attendance to discuss the status of the Legal Drain #2 cleanout. Discussion was held on the work that had been completed and the work that had been authorized. Chairman McMillan stated that Lettenmaier had the approval to proceed with a cat tail cleanout for approximately $10,000.00 only and that the extension to the drain had not been approved. Discussion was held on outstanding bills and who would be the responsible party. Manager Lettenmaier expressed concern that he had been removed from the Legal Drain portfolio. It was explained that there had been concerns raised regarding a possible conflict of interest and that he was removed from the portfolio because of this. Manager Lettenmaier expressed concern that the extension was being closed. It was mentioned that the landowners were contacted regarding the extension. Those landowners stated that they were not interested in keeping it open or going through the mitigation process. It was decided that Manager Lettenmaier could continue to work with the landowners on his own behalf and not in the capacity of a water manager. If the landowners agree to keep the extension open and they are successful in mitigating the acres with NRCS and USFW, the board will proceed with obtaining the right of way and the state permit. It was also decided that Duane was to work out the bill details with the contractor. Manager Lettenmaier left the meeting. Discussion was held on who would be responsible for cost over runs. Neil Aamen stated that he was not against any additional drainage and wanted to know what position doe the advisory board plays. It was explained that the Barnes County Water Resource District is responsible for the drain and that the advisory board is simply there to provide input and recommendations. Discussion was held on the location of the extension. It was stated that the drain was extended from the rail road tracks going west to Kevin Harstad s slough in the SW ¼ of Section 2, Potter Township. Manager Lettenmaier returned. Myrna Olstad drainage complaint- E ½ of the SW ¼, Section 15, Marsh Township: Ms. Olstad s complaint states that an unusual amount of water has come down from the hills above and to the east. Ms. Olstad has reason to believe that additional drainage work has taken place in the E ½ of the SW ¼ of Section 15, Marsh Township. This drainage runs though Olstad s property, then under county road 21s and then into the river. Mike Haugen was in

attendance representing the Olstad s. He stated that the damage to the Olstad property was quite extensive and resembled the terrain of the North Dakota Badlands. Discussion was held. Manager Lettenmaier moved to have Manager s Kohler and Hieb complete an onsite investigation and to have Mike Opat complete a watershed evaluation to determine if this is a drainage area of 80 acres or more. Hieb seconded the motion. All were in favor. The motion carried. The Secretary was instructed to send a copy of the complaint to Mr. Opat. Application to install a subsurface drain for Wayne Langer in the Southeast quarter of the Northwest quarter of Section 36, Green Township and the Southwest quarter of section 31 of Marsh Township and the Northwest quarter of section 36 of Green Township and the Southwest quarter of section 31 of Marsh Township: Mr. Opat had concerns regarding this application. He indicated that the map included more area of work than indicated on the permit application. He also noted that he was unclear if Mr. Langer owned the land where the drainage tile will be installed. Discussion was held on who owned the parcels. Thirty day notices will need to be sent to two downstream Landowners and easements will need to be filed. No decision was made regarding approval of this permit. Application to install subsurface drain for Brad Noeske (Application #2012-03) in the Northeast quarter of section 13 and the East half of the Northwest quarter section 13 and the Southeast quarter of section 13 and the Southwest quarter of section 18 all in Noltimier Township: Mr. Opat noted that there is need for excavation or cleaning of a waterway for the first outlet that will be located on Earl McAllister s property. Mr. McAllister will have to be party to the permit or send a letter of approval for this work. The second outlet is also located on Mr. McAllister s land and a easement will be needed. The ditch cleaning/excavation may require a permit. Discussion was held on what a ditch cleanout might entail. Manager Kohler will discuss this issue with Mr. Noeske. Thirty day notice will be required for the downstream landowner in the SW ¼ of section 18 of Weimer Township. Application to Drain No. 3462 for Dean Carpenter in the Northwest Quarter of Section 1 and the Northeast Quarter of Section 2 in Thordenskjold Township The Board reviewed Dean Carpenter s surface drainage Application dated October 26, 2009. Under the application, Applicant seeks to install an underground gravity pipe that will run from the slough in the Northwest Quarter of Section 1 to the west to the Board s Thordenskjold

Drain. The objective of the underground pipe is to reduce flooding to the slough to protect township roads in the area. NRCS and the Corps of Engineers have both reviewed the proposed project, and neither has identified any objections. The Applicant owns the Northwest Quarter of Section 1 and the Northeast Quarter of Section 2, where Applicant intends to install the proposed gravity pipe. Mike Opat reviewed the application and suggested that the Board require Applicant to install and maintain erosion protection where the pipe will discharge into the Thordenskjold Drain. Because the drain will be located solely on property owned by the Applicant; because the project will discharge into a legal assessment drain owned and operated by the Board; and because the Board will require Applicant to install and maintain erosion protection to protect the drain, the project will not result in adverse impacts to downstream landowners. With that in mind, the Board concluded no hearing is necessary under the North Dakota Administrative Code, and no flowage easements are required from downstream landowners. It was moved by Manager Kohler and seconded by Manager Hurley to approve Application to Drain No. 3462 for Dean Carpenter dated October 26, 2009, regarding a gravity pipe in the Northwest Quarter of Section 1 and the Northeast Quarter of Section 2 in Thordenskjold Township, subject to conditions attached by the State Engineer, and subject to the following conditions: 1) That Applicant obtains easements from the owner of any land, besides land owned by Applicant, on which Applicant will construct the tile system; 2) That Applicant provides and maintains adequate erosion protection at any and all outlets into the Thordenskjold Drain (Applicant is solely responsible for any damages to Thordenskjold Drain as a result of the project); 3) That Applicant obtain written permission from the Thordenskjold Township Board of Township Supervisors to bore through or cross its township road with the gravity pipe; 4) That Applicant notify the Barnes County Water Resource District in advance of any proposed alterations to outlet locations, or addition of any outlets;

5) That Applicant notify the Barnes County Water Resource District in advance of any proposed improvements to the drain system, including, if necessary, submitting an additional permit application; and 6) That Applicant obtain all other necessary and requisite licenses, permits, registrations, and/or approvals from all applicable federal, state, county, and municipal governments, and any other applicable governmental entities. Upon roll call vote, the motion carried unanimously. Melvin Wendell: Mr. Wendel approached the board in regards to a possible drainage project in Section 32 of Potter Township. The Board advised Mr. Wendell to acquire a drainage application from the secretary if he wanted to pursue any drainage activities. Mr. Wendell was not sure if he would move forward with the project. Application to Drain with surface drain for Warren Van Bruggen in the SE quarter of the SE quarter of Section 35 of Meadow Lake Township: The Board reviewed an Application for Surface Drainage dated April 7 th, 2011, for Warren Van Bruggen. The Board concluded the application does not propose drainage of statewide significance, so the board has jurisdiction to approve the permit. Discussion was held the projects outlet. Discussion was held on requiring a control gate. It was decided to have Hurley visit with Mr. Van Bruggen regarding an operation plan for this project. Hobart Lake Outlet: The North Dakota State Water Commission has found the Hobart Lake outlet to be of State Wide significance. It was decided to wait until the HMG funding was in place prior to proceeding with any additional studies. Sanborn Lake: Discussion was held on how the gate could be utilized to remedy any adverse impacts. The Secretary was instructed to phone the State Water Commission and request an additional extension for the emergency drain. Discussion was held on this project being of Interstate Significance and how to pay for the costs associated with this determination.

Lower Sheyenne River retention study: Discussion was held on the preliminary study of a retention site on Bald Hill Creek. It was decided to not sponsor this study. The Lower Sheyenne Joint Water Resource District can study this on their own if they wish. Steele County Snagging and Clearing: This project is on hold for now. Landowners in Steele County wish to establish a legal drain in this location. Bills: Bills were reviewed. Discussion was held on the invoices from Houston Engineering. The Secretary was instructed to call Rick St. Germain in regards to these bills. Manager Kohler moved to pay all bills as presented with the exemption of Houston Engineering. Manager Hieb seconded the motion. All were in favor. The motion carried. Being no further business, Manager Kohler moved to adjourn. Manager Lettenmaier seconded the motion. All were in favor. The motion carried. Next meeting will be on June 11 th, 2012. Respectfully submitted, Jamie Smith Secretary Barnes County Water Resource District