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Regarding Reach 2B of the Southern Emban

CASS COUNTY JOINT WATER RESOURCE DISTRICT RESOLUTION OF NECESSITY ACQUISITION OF PROPERTY TO ACCOMMODATE THE FARGO-MOORHEAD METROPOLITAN AREA FLOOD RISK MANAGEMENT PROJECT REACH 2B OF THE SOUTHERN EMBANKMENT (SE-2B) WHEREAS, the Cass County Joint Water Resource District (“CCJWRD”) is a North Dakota joint water resource district and political subdivision under Title 61 of the North Dakota Century Code, comprised of the four water resource districts in Cass County, North Dakota. WHEREAS, CCJWRD possesses those powers enumerated in Chapters 61-16 and 61- 16.1 of the North Dakota Century Code, including the power to create, construct, operate, and maintain flood control and protection projects. WHEREAS, the Red River of the North, and its tributaries in North Dakota and Minnesota, are prone to frequent flooding, and flooding presents significant risks to the Red River Valley’s communities, residents, property, and infrastructure in Cass County, North Dakota, and Clay County, Minnesota, including the cities of Fargo and Moorhead. WHEREAS, the City of Moorhead, Minnesota; the City of Fargo, North Dakota; Clay County, Minnesota; Cass County, North Dakota; and CCJWRD participated in the Fargo- Moorhead Metropolitan Area Flood Risk Management Study conducted by the United States Army Corps of Engineers (“USACE”) and the local entities requested a Locally Preferred Plan developed by USACE. WHEREAS, USACE’s Chief of Engineers provided a report to Congress dated December 19, 2011, recommending the Locally Preferred Plan to Congress (the “Chief’s Report”). WHEREAS, USACE’s Assistant Secretary of the Army Civil Works Division, in a Record of Decision dated April 3, 2012 (the “Record of Decision”), concluded the Fargo- Moorhead Metropolitan Area Flood Risk Management Project, as recommended by the USACE Chief of Engineers, is “technically feasible, economically justified, in accordance with the environmental statutes, and in the public interest.” WHEREAS, in October of 2017, Minnesota Governor Mark Dayton and North Dakota Governor Doug Burgum authorized the creation of the Fargo-Moorhead Area Flood Diversion Task Force (“Task Force”) for the purpose of “develop[ing] design principles and concept-level engineering solutions to achieve balanced flood risk management for the Fargo-Moorhead region, including up- and downstream communities and properties.” WHEREAS, the Metro Flood Diversion Authority (the “Authority”) consists of the City of Moorhead, Minnesota; the City of Fargo, North Dakota; Clay County, Minnesota; Cass County, North Dakota; and CCJWRD. 2 WHEREAS, the Authority; the City of Fargo, North Dakota; and the City of Moorhead, Minnesota, entered into a Project Partnership Agreement with USACE dated July 11, 2016 (the “PPA”), in which those local entities agreed to serve as the non-federal sponsors for the construction, operation, and maintenance of the Fargo-Moorhead Metropolitan Area Flood Risk Management Project; the parties later entered into a PPA amendment dated March 19, 2019. WHEREAS, the Task Force released its Final Report to the Authority in January of 2018, in which the Task Force indicated support for a modified project identified as “Plan B.” WHEREAS, the Authority accepted the Task Force’s recommendations in March of 2018; WHEREAS, the Minnesota Department of Natural Resources (the “MN DNR”) released its Final Supplemental Environmental Impact Statement for the Fargo-Moorhead Metropolitan Area Flood Risk Management Project in November 2018. WHEREAS, on December 28, 2018, the MN DNR issued a Dam Safety and Public Waters work permit (the “Permit”) for the Fargo-Moorhead Metropolitan Area Flood Risk Management Project, as modified by the recommendations of the Task Force. WHEREAS, USACE released a “Finding of No Significant Impact” for the Fargo- Moorhead Metropolitan Area Flood Risk Management Project, as modified by the recommendations of the Task Force, concluding the Fargo-Moorhead Metropolitan Area Flood Risk Management Project did not constitute a major federal action and thus did not require preparation of an Environmental Impact Statement pursuant to NEPA. WHEREAS, the “Comprehensive Project” means the Fargo-Moorhead Metropolitan Area Flood Risk Management Project authorized by Section 7002(2) of the Water Resources Reform and Development Act of 2014, as generally described in the Final Feasibility Report and Environmental Impact Statement, Fargo Moorhead Metropolitan Area Flood Risk Management, dated July 2011, and approved in accordance with the Chief’s Report, as amended by the Supplemental Environmental Assessment, Fargo-Moorhead Metropolitan Area Flood Risk Management Project, dated September 2013, and approved by the U.S. Army Engineer, St. Paul, on September 19, 2013, as amended by the Engineering Documentation Report, Fargo-Moorhead Metropolitan Area Flood Risk Management Project, ND and MN, Modifications Through February 2019, and as amended by the Second Supplemental Environmental Assessment dated February of 2019. WHEREAS, the purpose of the Comprehensive Project is to reduce flood risk, flood damages, and flood protection costs related to flooding in the Fargo-Moorhead metropolitan area. WHEREAS, the Comprehensive Project includes several key features, including a 30- mile diversion channel, levees and floodwalls along the waterways throughout Cass and Clay Counties, and a 20-mile southern embankment with three gated control structures (the “Southern Embankment”).