NOTICE OF ENTRY OF ORDER PLEASE TAKE NOTICE that on December 8, 2020, the Southeast Cass Water Resource District entered the following Order regarding modifications to the SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO.

Published December 16, 2020 at 3:01 AM

NOTICE OF ENTRY OF ORDER
PLEASE TAKE NOTICE that on December 8, 2020, the Southeast Cass Water Resource District entered the following Order regarding modifications to the SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 1 and SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 2 projects. Any person who wishes to appeal this Order must file their appeal within 30 days of the date of the Order in the manner provided by North Dakota law.
ORDER
MODIFYING SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 1
AND SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 2
WHEREAS, the Southeast Cass Water Resource District (the "District") owns, operates, and maintains SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 1, a diversion project commonly known as the "West Fargo Diversion," and SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 2, a diversion project commonly known as the "Horace Diversion"; the West Fargo Diversion and the Horace Diversion are, collectively, the "Sheyenne River Diversion Project"; and
WHEREAS, construction of the locally preferred plan for the Fargo-Moorhead Metropolitan Area Flood Risk Management Project (the "Comprehensive Project") for the Fargo-Moorhead Metropolitan Area was authorized by Section 7002(2) of the Water Resources Reform and Development Act of 2014, Public Law 113-121; and
WHEREAS, the Metro Flood Diversion Authority (the "Authority"), the City of Fargo, North Dakota, and the City of Moorhead, Minnesota, are the Non-Federal Sponsors for the Comprehensive Project and have entered into a Project Partnership Agreement ("PPA") with the United States Army Corps of Engineers ("USACE") for the construction, operation, and maintenance of the Comprehensive Project; and
WHEREAS, the PPA sets forth a split delivery method for the Comprehensive Project, establishing the respective responsibilities of both the Non-Federal Sponsors and the USACE; and
WHEREAS, pursuant to the PPA, part of the Authority's responsibility will be to design, construct, manage, operate, and maintain thirty miles of channel and associated features; the channel outlet; two aqueducts; two hydraulic structures; various local drainage inlets; various levees; four railroad bridges; four interstate bridges; ten county road bridges, recreational features, as well as environmental mitigation features located within the Storm Water Diversion Channel and Associated Infrastructure; these improvements and project components are, collectively, the "SWDCAI"; and
WHEREAS, pursuant to the PPA, the USACE will be responsible for all environmental mitigation features that are not the responsibility of the Non-Federal Sponsors; and
WHEREAS, part of the environmental mitigation responsibility for the Comprehensive Project is to address aquatic habitat lost in the region as a result of the Comprehensive Project and to explore additional environmental mitigation measures to offset the physical impact of the Comprehensive Project; and
WHEREAS, the USACE has proposed modifications to portions of the Sheyenne River Diversion Project in order to address concerns related to environmental mitigation (the "Sheyenne River Mitigation Project"); and
WHEREAS, under the RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING REGARDING SHEYENNE RIVER MITIGATION PROJECT AND AUTHORIZING ENTRY OF ORDER MODIFYING SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 1 AND SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 2 dated December 8, 2020 (the "RESOLUTION"), the District determined that the modifications proposed by the USACE to the Sheyenne River Diversion Project are necessary to offset the physical impacts of the Comprehensive Project; and
WHEREAS, the proposed Sheyenne River Mitigation Project will require the following modifications to the Sheyenne River Diversion Project:
The Culvert and Baffle Structure located near the City of Horace will be removed. The Gated Structure near Interstate 94 will be removed because of the operation to the proposed Sheyenne River aqueduct and Maple River aqueduct. The Gated Structure and Pumping Station near 12th Avenue North will be removed because of the modifications to the proposed Sheyenne River aqueduct and Maple River aqueduct. The West Fargo Diversion Channel Sheet Pile Weir Structure will be modified to allow for an open, natural channel through the City of West Fargo with a continuous flow at a maximum of approximately 700 cfs. An oxbow in the Sheyenne River north of 64th Avenue South will be reconnected to the main river channel allowing for additional Sheyenne River aquatic habitat; and
WHEREAS, the modifications to the Sheyenne River Diversion Project identified above, and as identified in the RESOLUTION, are, collectively, the "Sheyenne River Diversion Modifications"; and
WHEREAS, under the RESOLUTION, the District further determined the proposed Sheyenne River Mitigation Project is necessary to offset the physical impact of the Comprehensive Project and to benefit the existing Sheyenne River Diversion Project by increasing flood protection from the Sheyenne River, reducing maintenance costs, increasing bank stability in the Sheyenne River, and improving drainage and continuous flow through the City of West Fargo and property in Cass County, North Dakota; and
WHEREAS, under the RESOLUTION, the District further determined the Sheyenne River Mitigation Project and the Comprehensive Project will not impact the flood protection benefits provided by the West Fargo or the Horace Diversion, and will not impact or reduce the flood protection benefits the Sheyenne River Diversion Project provides for members of SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 1 or SHEYENNE-MAPLE FLOOD CONTROL DISTRICT NO. 2; and
NOW THEREFORE, IT IS ORDERDED, that the District hereby authorizes and approves the Sheyenne River Diversion Modifications.
APPROVED:
Dan Jacobson, Chairman
ATTEST:
Carol Harbeke Lewis
Secretary-Treasurer
Approved: December 8, 2020
(Dec. 16, 2020) 2869263